§ 3264. — Limitation on removal.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC3264]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART II--CRIMINAL PROCEDURE
CHAPTER 212--MILITARY EXTRATERRITORIAL JURISDICTION
Sec. 3264. Limitation on removal
(a) Except as provided in subsection (b), and except for a person
delivered to authorities of a foreign country under section 3263, a
person arrested for or charged with a violation of section 3261(a) shall
not be removed--
(1) to the United States; or
(2) to any foreign country other than a country in which such
person is believed to have violated section 3261(a).
(b) The limitation in subsection (a) does not apply if--
(1) a Federal magistrate judge orders the person to be removed
to the United States to be present at a detention hearing held
pursuant to section 3142(f);
(2) a Federal magistrate judge orders the detention of the
person before trial pursuant to section 3142(e), in which case the
person shall be promptly removed to the United States for purposes
of such detention;
(3) the person is entitled to, and does not waive, a preliminary
examination under the Federal Rules of Criminal Procedure, in which
case the person shall be removed to the United States in time for
such examination;
(4) a Federal magistrate judge otherwise orders the person to be
removed to the United States; or
(5) the Secretary of Defense determines that military necessity
requires that the limitations in subsection (a) be waived, in which
case the person shall be removed to the nearest United States
military installation outside the United States adequate to detain
the person and to facilitate the initial appearance described in
section 3265(a).
(Added Pub. L. 106-523, Sec. 2(a), Nov. 22, 2000, 114 Stat. 2489.)
References in Text
The Federal Rules of Criminal Procedure, referred to in subsec.
(b)(3), are set out in the Appendix to this title.
Section Referred to in Other Sections
This section is referred to in section 3262 of this title.
