18 U.S.C. § 3244

Jurisdiction of proceedings relating to transferred offenders

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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, § 3, Oct. 28, 1977, 91 Stat. 1220, title 28, § 2256; renumbered Pub. L. 95–598, title III, § 314(j)(1), Nov. 6, 1978, 92 Stat. 2677.)Editorial NotesCodification

Section was formerly classified to section 2256 of Title 28, Judiciary and Judicial Procedure.

Statutory Notes and Related SubsidiariesSavings Provision

Amendment by section 314 of Pub. L. 95–598 not to affect the application of chapter 9 (§ 151 et seq.), chapter 96 (§ 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.

Notes of Decisions
Cited in 20 cases, 1980–2008 · leading case: Rosado v. Civiletti
Rosado v. Civiletti (1980) ca2 · cites it 11× “In support of federal jurisdiction, petitioners relied upon 18 U.S.C. § 3244 , 4 as well as various sections of Title 28, including 28 U.”
Karl L. Cannon v. U.S. Department of Justice, United States Parole Commission (1992) ca5 · cites it 5× “16 A Commission proceeding which sets a release date varying the total foreign-court-imposed sentence would be a proceeding, albeit in the form of a release date determination, which “modif[ies a] sentence handed down by [the Mexican] courts,” contrary to Article VI and 18…”
Bishop v. Reno (2000) ca11 · cites it 3× “10 Our implementing legislation governing treaty transferees who are completing their foreign sentences in the United States, 18 U.S.C. §§ 3244 and 4100 et seq., 11 is consistent with the Treaty in establishing procedure in the United States *1303 for administering foreign…”
Gerald Glen Boyden v. Griffin Bell, Attorney General, and L. R. Putnam, Warden (1980) ca9 · cites it 6× “SNEED, Circuit Judge: Gerald Glen Boyden appeals the district court’s summary dismissal of his petition for a writ of habeas corpus pursuant to 18 U.S.C. § 3244 . 1 Although appellant raises a number of issues, the primary one is whether U.”
Jesse Lopez Tavarez, Ex Parte v. U. S. Attorney General (1982) ca5 · cites it 4× “1212 (codified at 18 U.S.C. §§ 3244 , 4100-4115 (Supp. Ill 1979)) (hereinafter the “Foreign Offenders Transfer Act”): If a Mexican national, who has been convicted of a crime under state law in the United States and has been transferred to Mexico to serve his sentence, escapes…”
United States v. Leslie Fleishman, United States of America v. Peter Combs, United States of America v. Stephen Green (1982) ca9 “§ 955 ; 18 U.S.C. §§ 3244 , 4100-4115. 20 . Both nations involved and the prisoner must consent to the change in custody.”
Kass v. Barr (1996) ca10 · cites it 3× “§ 955 ; 18 U.S.C. §§ 3244 , 4100-4115). On the same day, Mr.”
George Jerome Pfeifer v. United States Bureau of Prisons (1980) ca9 “§ 955 ; 18 U.S.C. §§ 3244 , 4100-4115). 3 . In his briefs on appeal Pfeifer alleged for the first time that the agent participated in his interrogation.”
Mitchell v. United States (1980) wied · cites it 2× “8718 (Treaty), jurisdiction is based on 18 U.S.C. § 3244 (formerly 28 U.S.C. § 2256 ).”
Robert Venetucci v. Constance C. Reese (2002) ca8 “§ 4108 hearing to verify his consent to transfer, and in a subsequent written and signed affirmation, Venetucci agreed that any legal proceeding challenging his conviction or sentence had to be brought in Italy — an agreement which is consistent with federal law.”
Venetucci v. Department of State (2006) ca2 · cites it 2× “” 18 U.S.C. § 3244 (1). Venetucci claims that the district court should have exercised jurisdiction over his complaint because he sought to challenge the State Department’s January 1985 decision to permit his trial in Italy on the murder charge, and not attack his Italian murder…”
Kanasola v. Civiletti (1980) ca6 · cites it 2× “and 18 U.S.C. § 3244 (1) include the transfer of prisoners to serve their Canadian sentences in the United States under the direction of the Attorney General; verification proceedings to verify that the offender willingly and knowingly agreed to the transfer to be conducted in…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.