[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 18USC4114]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART III--PRISONS AND PRISONERS
CHAPTER 306--TRANSFER TO OR FROM FOREIGN COUNTRIES
Sec. 4114. Return of transferred offenders
(a) Upon a final decision by the courts of the United States that
the transfer of the offender to the United States was not in accordance
with the treaty or the laws of the United States and ordering the
offender released from serving the sentence in the United States the
offender may be returned to the country from which he was transferred to
complete the sentence if the country in which the sentence was imposed
requests his return. The Attorney General shall notify the appropriate
authority of the country which imposed the sentence, within ten days, of
a final decision of a court of the United States ordering the offender
released. The notification shall specify the time within which the
sentencing country must request the return of the offender which shall
be no longer than thirty days.
(b) Upon receiving a request from the sentencing country that the
offender ordered released be returned for the completion of his
sentence, the Attorney General may file a complaint for the return of
the offender with any justice or judge of the United States or any
authorized magistrate judge within whose jurisdiction the offender is
found. The complaint shall be upon oath and supported by affidavits
establishing that the offender was convicted and sentenced by the courts
of the country to which his return is requested; the offender was
transferred to the United States for the execution of his sentence; the
offender was ordered released by a court of the United States before he
had completed his sentence because the transfer of the offender was not
in accordance with the treaty or the laws of the United States; and that
the sentencing country has requested that he be returned for the
completion of the sentence. There shall be attached to the complaint a
copy of the sentence of the sentencing court and of the decision of the
court which ordered the offender released.
A summons or a warrant shall be issued by the justice, judge or
magistrate judge ordering the offender to appear or to be bro
