§ 3244. — Jurisdiction of proceedings relating to transferred offenders.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC3244]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART II--CRIMINAL PROCEDURE
CHAPTER 211--JURISDICTION AND VENUE
Sec. 3244. Jurisdiction of proceedings relating to transferred
offenders
When a treaty is in effect between the United States and a foreign
country providing for the transfer of convicted offenders--
(1) the country in which the offender was convicted shall have
exclusive jurisdiction and competence over proceedings seeking to
challenge, modify, or set aside convictions or sentences handed down
by a court of such country;
(2) all proceedings instituted by or on behalf of an offender
transferred from the United States to a foreign country seeking to
challenge, modify, or set aside the conviction or sentence upon
which the transfer was based shall be brought in the court which
would have jurisdiction and competence if the offender had not been
transferred;
(3) all proceedings instituted by or on behalf of an offender
transferred to the United States pertaining to the manner of
execution in the United States of the sentence imposed by a foreign
court shall be brought in the United States district court for the
district in which the offender is confined or in which supervision
is exercised and shall name the Attorney General and the official
having immediate custody or exercising immediate supervision of the
offender as respondents. The Attorney General shall defend against
such proceedings;
(4) all proceedings instituted by or on behalf of an offender
seeking to challenge the validity or legality of the offender's
transfer from the United States shall be brought in the United
States district court of the district in which the proceedings to
determine the validity of the offender's consent were held and shall
name the Attorney General as respondent; and
(5) all proceedings instituted by or on behalf of an offender
seeking to challenge the validity or legality of the offender's
transfer to the United States shall be brought in the United States
district court of the district in which the offender is confined or
of the district in which supervision is exercised and shall name the
Attorney General and the official having immediate custody or
exercising immediate supervision of the offender as respondents. The
Attorney General shall defend against such proceedings.
(Added Pub. L. 95-144, Sec. 3, Oct. 28, 1977, 91 Stat. 1220, title 28,
Sec. 2256; renumbered Pub. L. 95-598, title III, Sec. 314(j)(1), Nov. 6,
1978, 92 Stat. 2677.)
Codification
Section was formerly classified to section 2256 of Title 28,
Judiciary and Judicial Procedure.
Savings Provision
Amendment by section 314 of Pub. L. 95-598 not to affect the
application of chapter 9 (Sec. 151 et seq.), chapter 96 (Sec. 1961 et
seq.), or section 2516, 3057, or 3284 of this title to any act of any
person (1) committed before Oct. 1, 1979, or (2) committed after Oct. 1,
1979, in connection with a case commenced before such date, see section
403(d) of Pub. L. 95-598, set out as a note preceding section 101 of
Title 11, Bankruptcy.
