18 U.S.C. § 4114 : US Code - Section 4114: Return of transferred offenders

Search 18 U.S.C. § 4114 : US Code - Section 4114: Return of transferred offenders

(a) Upon a final decision by the courts of the United States that
the transfer of the offender to the United States was not in
accordance with the treaty or the laws of the United States and
ordering the offender released from serving the sentence in the
United States the offender may be returned to the country from
which he was transferred to complete the sentence if the country in
which the sentence was imposed requests his return. The Attorney
General shall notify the appropriate authority of the country which
imposed the sentence, within ten days, of a final decision of a
court of the United States ordering the offender released. The
notification shall specify the time within which the sentencing
country must request the return of the offender which shall be no
longer than thirty days.
(b) Upon receiving a request from the sentencing country that the
offender ordered released be returned for the completion of his
sentence, the Attorney General may file a complaint for the return
of the offender with any justice or judge of the United States or
any authorized magistrate judge within whose jurisdiction the
offender is found. The complaint shall be upon oath and supported
by affidavits establishing that the offender was convicted and
sentenced by the courts of the country to which his return is
requested; the offender was transferred to the United States for
the execution of his sentence; the offender was ordered released by
a court of the United States before he had completed his sentence
because the transfer of the offender was not in accordance with the
treaty or the laws of the United States; and that the sentencing
country has requested that he be returned for the completion of the
sentence. There shall be attached to the complaint a copy of the
sentence of the sentencing court and of the decision of the court
which ordered the offender released.
A summons or a warrant shall be issued by the justice, judge or
magistrate judge ordering the offender to appear or to be brought
before the issuing authority. If the justice, judge, or magistrate
judge finds that the person before him is the offender described in
the complaint and that the facts alleged in the complaint are true,
he shall issue a warrant for commitment of the offender to the
custody of the Attorney General until surrender shall be made. The
findings and a copy of all the testimony taken before him and of
all documents introduced before him shall be transmitted to the
Secretary of State, that a Return Warrant may issue upon the
requisition of the proper authorities of the sentencing country,
for the surrender of offender.
(c) A complaint referred to in subsection (b) must be filed
within sixty days from the date on which the decision ordering the
release of the offender becomes final.
(d) An offender returned under this section shall be subject to
the jurisdiction of the country to which he is returned for all
purposes.
(e) The return of an offender shall be conditioned upon the
offender being given credit toward service of the sentence for the
time spent in the custody of or under the supervision of the United
States.
(f) Sections 3186, 3188 through 3191, and 3195 of this title
shall be applicable to the return of an offender under this
section. However, an offender returned under this section shall not
be deemed to have been extradited for any purpose.
(g) An offender whose return is sought pursuant to this section
may be admitted to bail or be released on his own recognizance at
any stage of the proceedings.