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18 U.S.C. § 4108 — Verification of consent of offender to transfer to the United States
Federal law — U.S. Code and appendices · legal_authorities
**(a)** Prior to the transfer of an offender to 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 in the country 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section451&num=0&edition=prelim), 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 agency.
**(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 country in which he was convicted and sentenced can modify or set aside the conviction or sentence, and any proceedings seeking such action may only be brought in that country;
(2) the sentence shall be carried out according 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 the treaty or laws of the United States, he may be returned to the country which imposed the sentence for the purpose of completing the sentence if that country 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
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Source file: Laws/federal/codes/united-states-code/title-18/section-4108-verification-of-consent-of-offender-to-transfer-to-the-united-states--6801b7f3ba.md
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Source location: Title 18, Chapter 306, § 4108; chapter-306-transfer-to-or-from-foreign-countries.md
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**(a)** Prior to the transfer of an offender to 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 in the country 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section451&num=0&edition=prelim), 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 agency.
**(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 country in which he was convicted and sentenced can modify or set aside the conviction or sentence, and any proceedings seeking such action may only be brought in that country;
(2) the sentence shall be carried out according 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 the treaty or laws of the United States, he may be returned to the country which imposed the sentence for the purpose of completing the sentence if that country 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
As used in this title:
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 451
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Federal law — U.S. Code and appendices · legal_authorities
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 631
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** Except as otherwise specifically provided, a defendant who has been found guilty of an offense described in any Federal statute, including sections 13 and 1153 of this title, other than an Act of Congress applicable exclusively in the District of Columbia or the Uniform Code of Military Justice, shall be sentenced in accordance with the provisions of this chapter so as to achieve the purposes set forth in subparagraphs (A) through (D) of section 3553(a)(2) to the extent that they are applicable in light of all the circumstances of the case.
**(b) Individuals.—** An individual found guilty of an offense shall be sentenced, in accordance with the provisions of section 3553, to—
(1) a term of probation as authorized by subchapter B;
(2) a fine as authorized by subchapter C; or
(3) a term of imprisonment as authorized by subchapter D.
A sentence to pay a fine may be imposed in addition to any other sentence. A sanction authorized by section 3554, 3555, or 3556 may be imposed in addition to the sentence required by this subsection.
**(c) Organizations.—** An organization found guilty of an offense shall be sentenced, in accordance with the provisions of section 3553, to—
(1) a term of probation as authorized by subchapter B; or
(2) a fine as authorized by subchapter C.
A sentence to pay a fine may be imposed in addition to a sentence to probation. A sanction authorized by section 3554, 3555, or 3556 may be imposed in addition to the sentence required by this subsection.
Source: Supplied U.S. Code snapshot — release unconfirmed · 18 U.S.C. § 3551
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Federal law — U.S. Code and appendices · legal_authorities
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. § 4108
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