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§ 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. |