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18 U.S.C. § 4109 — Right to counsel, appointment of counsel

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

18 U.S.C. § 4109 — Right to counsel, appointment of counsel

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Stable record: federal_law:legal_authorities:record_usc_9989eed894baaf20161492ee
Source file: Laws/federal/codes/united-states-code/title-18/section-4109-right-to-counsel-appointment-of-counsel--d4ff98dd91.md
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Source location: Title 18, Chapter 306, § 4109; chapter-306-transfer-to-or-from-foreign-countries.md

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**(a)** In proceedings to verify consent of an offender for transfer, the offender shall have the right to advice of counsel. If the offender is financially unable to obtain counsel— (1) counsel for proceedings conducted under section 4107 shall be appointed in accordance with [section 3006A of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section3006a&num=0&edition=prelim). Such appointment shall be considered an appointment in a misdemeanor case for purposes of compensation under the Act; 11 So in original. Probably should be “[section 3006A of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section3006a&num=0&edition=prelim);”. See 1990 Amendment note below. (2) counsel for proceedings conducted under section 4108 shall be appointed by the verifying officer pursuant to such regulations as may be prescribed by the Director of the Administrative Office of the United States Courts. The Secretary of State shall make payments of fees and expenses of the appointed counsel, in amounts approved by the verifying officer, which shall not exceed the amounts authorized under [section 3006A of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section3006a&num=0&edition=prelim) for representation in a misdemeanor case. Payment in excess of the maximum amount authorized may be made for extended or complex representation whenever the verifying officer certifies that the amount of the excess payment is necessary to provide fair compensation, and the payment is approved by the chief judge of the United States court of appeals for the appropriate circuit. Counsel from other agencies in any branch of the Government may be appointed: Provided, That in such cases the Secretary of State shall pay counsel directly, or reimburse the employing agency for travel and transportation expenses. Notwithstanding section 3324(a) and (b) of title 31, the Secretary may make advance payments of travel and transportation expenses to counsel appointed under this subsection. **(b)** Guardians ad litem appointed by the verifying officer under [section 4100 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section4100&num=0&edition=prelim) to represent offenders who are financially unable to provide for compensation and travel expenses of the guardian ad litem shall be compensated and reimbursed under subsection (a)(1) of this section. **(c)** The offender shall have the right to advice of counsel in proceedings before the United States Parole Commission under [section 4106A of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section4106a&num=0&edition=prelim) and in an appeal from a determination of such Commission under such section. If the offender is financially unable to obtain counsel, counsel for such proceedings and appeal shall be appointed under [section 3006A of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section3006a&num=0&edition=prelim).

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

18 U.S.C. § 4100 — Scope and limitation of chapter

**(a)** The provisions of this chapter relating to the transfer of offenders shall be applicable only when a treaty providing for such a transfer is in force, and shall only be applicable to transfers of offenders to and from a foreign country pursuant to such a treaty. A sentence imposed by a foreign country upon an offender who is subsequently transferred to the United States pursuant to a treaty shall be subject to being fully executed in the United States even though the treaty under which the offender was transferred is no longer in force. **(b)** An offender may be transferred from the United States pursuant to this chapter only to a country of which the offender is a citizen or national. Only an offender who is a citizen or national of the United States may be transferred to the United States. An offender may be transferred to or from the United States only with the offender’s consent, and only if the offense for which the offender was sentenced satisfies the requirement of double criminality as defined in this chapter. Once an offender’s consent to transfer has been verified by a verifying officer, that consent shall be irrevocable. If at the time of transfer the offender is under eighteen years of age, or is deemed by the verifying officer to be mentally incompetent or otherwise incapable of knowingly and voluntarily consenting to the transfer, the transfer shall not be accomplished unless consent to the transfer be given by a parent or guardian, guardian ad litem, or by an appropriate court of the sentencing country. The appointment of a guardian ad litem shall be independent of the appointment of counsel under [section 4109 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section4109&num=0&edition=prelim). **(c)** An offen

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

18 U.S.C. § 3006A — Adequate representation of defendants

**(a) Choice of Plan.—** Each United States district court, with the approval of the judicial council of the circuit, shall place in operation throughout the district a plan for furnishing representation for any person financially unable to obtain adequate representation in accordance with this section. Representation under each plan shall include counsel and investigative, expert, and other services necessary for adequate representation. Each plan shall provide the following: (1) Representation shall be provided for any financially eligible person who— (A) is charged with a felony or a Class A misdemeanor; (B) is a juvenile alleged to have committed an act of juvenile delinquency as defined in [section 5031 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section5031&num=0&edition=prelim); (C) is charged with a violation of probation; (D) is under arrest, when such representation is required by law; (E) is charged with a violation of supervised release or faces modification, reduction, or enlargement of a condition, or extension or revocation of a term of supervised release; (F) is subject to a mental condition hearing under chapter 313 of this title; (G) is in custody as a material witness; (H) is entitled to appointment of counsel under the sixth amendment to the Constitution; (I) faces loss of liberty in a case, and Federal law requires the appointment of counsel; or (J) is entitled to the appointment of counsel under [section 4109 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section4109&num=0&edition=prelim). (2) Whenever the United States magistrate judge or the court determines that the interests of justice so require, representation may be provided for any f

Source: Supplied U.S. Code snapshot — release unconfirmed · 18 U.S.C. § 3006A

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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

Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 636

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

18 U.S.C. § 4109 — Right to counsel, appointment of counsel

Page 912 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 4108 1 So in original. Probably should be ‘‘section 3006A of this title;’’. See 1990 Amendment note below. Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘United States magistrate judge’’ substituted for ‘‘United States magistrate’’ in subsec. (a) pursuant to section 321 of Pub. L. 101–650, set out as a note under section 631 of Title 28, Judiciary and Judicial Proce- dure. § 4108. Verification of consent of offender to transfer to the United States (a) Prior to the transfer of an offender to the United States, the fact that the offender con- sents to such transfer and that such consent is voluntary and with full knowledge of the con- sequences thereof, shall be verified in the coun- try in which the sentence was imposed by a United States magistrate judge, or by a citizen specifically designated by a judge of the United States as defined in section 451 of title 28, United States Code. The designation of a citizen who is an employee or officer of a department or agency of the United States shall be with the approval of the head of that department or agen- cy. (b) The verifying officer shall inquire of the of- fender whether he understands and agrees that the transfer will be subject to the following con- ditions: (1) only the country in which he was con- victed and sentenced can modify or set aside the conviction or sentence, and any pro- ceedings seeking such action may only be brought in that country; (2) the sentence shall be carried out accord- ing to the laws of the United States and that those laws are subject to change; (3) if a United States court should determine upon a proceeding initiated by him or on his behalf that his transfer was not accomplished in accordance with t

Source: Supplied 2024 U.S. Code historical extraction · 18 U.S.C. § 4109

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