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18 U.S.C. § 4107 — Verification of consent of offender to transfer from the United States

Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 4107 — Verification of consent of offender to transfer from the United States

**(a)** Prior to the transfer of an offender from the United States, the fact that the offender consents to such transfer and that such consent is voluntary and with full knowledge of the consequences thereof shall be verified by a United States magistrate judge or a judge as defined in [section 451 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section451&num=0&edition=prelim), United States Code. **(b)** The verifying officer shall inquire of the offender whether he understands and agrees that the transfer will be subject to the following conditions: (1) only the appropriate courts in the United States may modify or set aside the conviction or sentence, and any proceedings seeking such action may only be brought in such courts; (2) the sentence shall be carried out according to the laws of the country to which he is to be transferred and that those laws are subject to change; (3) if a court in the country to which he is transferred should determine upon a proceeding initiated by him or on his behalf that his transfer was not accomplished in accordance with the treaty or laws of that country, he may be returned to the United States for the purpose of completing the sentence if the United States requests his return; and (4) his consent to transfer, once verified by the verifying officer, is irrevocable. **(c)** The verifying officer, before determining that an offender’s consent is voluntary and given with full knowledge of the consequences, shall advise the offender of his right to consult with counsel as provided by this chapter. If the offender wishes to consult with counsel before giving his consent, he shall be advised that the proceedings will be continued until he has had an opportunity to consult with counsel. **(d)** Th

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Stable record: federal_law:legal_authorities:record_usc_072020d9de54b6b37ea5f325
Source file: Laws/federal/codes/united-states-code/title-18/section-4107-verification-of-consent-of-offender-to-transfer-from-the-united-states--39cdc9b91a.md
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Source location: Title 18, Chapter 306, § 4107; chapter-306-transfer-to-or-from-foreign-countries.md

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**(a)** Prior to the transfer of an offender from the United States, the fact that the offender consents to such transfer and that such consent is voluntary and with full knowledge of the consequences thereof shall be verified by a United States magistrate judge or a judge as defined in [section 451 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section451&num=0&edition=prelim), United States Code. **(b)** The verifying officer shall inquire of the offender whether he understands and agrees that the transfer will be subject to the following conditions: (1) only the appropriate courts in the United States may modify or set aside the conviction or sentence, and any proceedings seeking such action may only be brought in such courts; (2) the sentence shall be carried out according to the laws of the country to which he is to be transferred and that those laws are subject to change; (3) if a court in the country to which he is transferred should determine upon a proceeding initiated by him or on his behalf that his transfer was not accomplished in accordance with the treaty or laws of that country, he may be returned to the United States for the purpose of completing the sentence if the United States requests his return; and (4) his consent to transfer, once verified by the verifying officer, is irrevocable. **(c)** The verifying officer, before determining that an offender’s consent is voluntary and given with full knowledge of the consequences, shall advise the offender of his right to consult with counsel as provided by this chapter. If the offender wishes to consult with counsel before giving his consent, he shall be advised that the proceedings will be continued until he has had an opportunity to consult with counsel. **(d)** The verifying officer shall make the necessary inquiries to determine that the offender’s consent is voluntary and not the result of any promises, threats, or other improper inducements, and that the offender accepts the transfer subject to the conditions set forth in subsection (b). The consent and acceptance shall be on an appropriate form prescribed by the Attorney General. **(e)** The proceedings shall be taken down by a reporter or recorded by suitable sound recording equipment. The Attorney General shall maintain custody of the records.

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 451 — Definitions

As used in this title:

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 631 — Appointment and tenure

**(a)** The judges of each United States district court and the district courts of the Virgin Islands, Guam, and the Northern Mariana Islands shall appoint United States magistrate judges in such numbers and to serve at such locations within the judicial districts as the Judicial Conference may determine under this chapter. In the case of a magistrate judge appointed by the district court of the Virgin Islands, Guam, or the Northern Mariana Islands, this chapter shall apply as though the court appointing such a magistrate judge were a United States district court. Where there is more than one judge of a district court, the appointment, whether an original appointment or a reappointment, shall be by the concurrence of a majority of all the judges of such district court, and when there is no such concurrence, then by the chief judge. Where the conference deems it desirable, a magistrate judge may be designated to serve in one or more districts adjoining the district for which he is appointed. Such a designation shall be made by the concurrence of a majority of the judges of each of the district courts involved and shall specify the duties to be performed by the magistrate judge in the adjoining district or districts. **(b)** No individual may be appointed or re­appointed to serve as a magistrate judge under this chapter unless: (1) He has been for at least five years a member in good standing of the bar of the highest court of a State, the District of Columbia, the Commonwealth of Puerto Rico, the Territory of Guam, the Commonwealth of the Northern Mariana Islands, or the Virgin Islands of the United States, except that an individual who does not meet the bar membership requirements of this paragraph may be appointed and serve as a part-time magistrate judge if the appo

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 636 — Jurisdiction, powers, and temporary assignment

**(a)** Each United States magistrate judge serving under this chapter shall have within the district in which sessions are held by the court that appointed the magistrate judge, at other places where that court may function, and elsewhere as authorized by law— (1) all powers and duties conferred or imposed upon United States commissioners by law or by the Rules of Criminal Procedure for the United States District Courts; (2) the power to administer oaths and affirmations, issue orders pursuant to [section 3142 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section3142&num=0&edition=prelim) concerning release or detention of persons pending trial, and take acknowledgements, affidavits, and depositions; (3) the power to conduct trials under section 3401, title 18, United States Code, in conformity with and subject to the limitations of that section; (4) the power to enter a sentence for a petty offense; and (5) the power to enter a sentence for a class A misdemeanor in a case in which the parties have consented. **(b)** (1) Notwithstanding any provision of law to the contrary— (A) a judge may designate a magistrate judge to hear and determine any pretrial matter pending before the court, except a motion for injunctive relief, for judgment on the pleadings, for summary judgment, to dismiss or quash an indictment or information made by the defendant, to suppress evidence in a criminal case, to dismiss or to permit maintenance of a class action, to dismiss for failure to state a claim upon which relief can be granted, and to involuntarily dismiss an action. A judge of the court may reconsider any pretrial matter under this subparagraph (A) where it has been shown that the magistrate judge’s order is clearly erroneous or contrary

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Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 4107 — Verification of consent of offender to

Page 911 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 4107 who at the time of transfer is on parole as they have with reference to an offender convicted in a court of the United States except as otherwise provided in this chapter or in the pertinent treaty. Sections 4201 through 4204; 4205(d), (e), and (h); 4206 through 4216; and 4218 of this title shall be applicable.’’ Subsec. (c). Pub. L. 98–473 struck out subsec. (c) which read as follows: ‘‘An offender transferred to the United States to serve a sentence of imprisonment may be released on parole at such time as the Parole Com- mission may determine.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98–473 effective Nov. 1, 1987, and applicable only to offenses committed after the taking effect of such amendment, see section 235(a)(1) of Pub. L. 98–473, set out as an Effective Date note under section 3551 of this title. § 4106A. Transfer of offenders on parole; parole of offenders transferred (a) Upon the receipt of an offender who is on parole from the authorities of a foreign country, the Attorney General shall assign the offender to the United States Parole Commission for su- pervision. (b)(1)(A) The United States Parole Commission shall, without unnecessary delay, determine a release date and a period and conditions of su- pervised release for an offender transferred to the United States to serve a sentence of impris- onment, as though the offender were convicted in a United States district court of a similar of- fense. (B) In making such determination, the United States Parole Commission shall consider— (i) any recommendation of the United States Probation Service, including any rec- ommendation as to the applicable guideline range; and

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