U.S. Code » Title 18 » Part PART III— PRISONS AND PRISONERS › Chapter CHAPTER 306— TRANSFER TO OR FROM FOREIGN COUNTRIES

18 U.S.C. § 4105

Transfer of offenders serving sentence of imprisonment

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(a) Except as provided elsewhere in this section, an offender serving a sentence of imprisonment in a foreign country transferred to the custody of the Attorney General shall remain in the custody of the Attorney General under the same conditions and for the same period of time as an offender who had been committed to the custody of the Attorney General by a court of the United States for the period of time imposed by the sentencing court.(b) The transferred offender shall be given credit toward service of the sentence for any days, prior to the date of commencement of the sentence, spent in custody in connection with the offense or acts for which the sentence was imposed.(c)(1) The transferred offender shall be entitled to all credits for good time, for labor, or any other credit toward the service of the sentence which had been given by the transferring country for time served as of the time of the transfer. Subsequent to the transfer, the offender shall in addition be entitled to credits toward service of sentence for satisfactory behavior, computed on the basis of the time remaining to be served at the time of the transfer and at the rate provided in section 3624(b) of this title for a sentence of the length of the total sentence imposed and certified by the foreign authorities. These credits shall be combined to provide a release date for the offender pursuant to section 3624(a) of this title.(2) If the country from which the offender is transferred does not give credit for good time, the basis of computing the deduction from the sentence shall be the sentence imposed by the sentencing court and certified to be served upon transfer, at the rate provided in section 3624(b) of this title.(3) Credit toward service of sentence may be withheld as provided in section 3624(b) of this title.(4) Any sentence for an offense against the United States, imposed while the transferred offender is serving the sentence of imprisonment imposed in a foreign country, shall be aggregated with the foreign sentence, in the same manner as if the foreign sentence was one imposed by a United States district court for an offense against the United States.(Added Pub. L. 95–144, § 1, Oct. 28, 1977, 91 Stat. 1215; amended Pub. L. 98–473, title II, § 223(m)(2), Oct. 12, 1984, 98 Stat. 2029.)Editorial NotesAmendments

1984—Subsec. (c)(1). Pub. L. 98–473 substituted “toward service of sentence for satisfactory behavior” for “for good time”, “3624(b)” for “4161”, and “3624(a)” for “4164”.

Subsec. (c)(2). Pub. L. 98–473 substituted “3624(b)” for “4161”.

Subsec. (c)(3), (4). Pub. L. 98–473 redesignated par. (4) as (3) and amended it generally, and struck out former par. (3). Prior to redesignation and amendment, former pars. (3) and (4) read as follows:

“(3) A transferred offender may earn extra good time deductions, as authorized in section 4162 of this title, from the time of transfer.

“(4) All credits toward service of the sentence, other than the credit for time in custody before sentencing, may be forfeited as provided in section 4165 of this title and may be restored by the Attorney General as provided in section 4166 of this title.”

Subsec. (c)(5). Pub. L. 98–473 redesignated par. (5) as (4).

Statutory Notes and Related SubsidiariesEffective Date of 1984 Amendment

Amendment by Pub. L. 98–473 effective Nov. 1, 1987, and applicable only to offenses committed after the taking effect of such amendment, see section 235(a)(1) of Pub. L. 98–473, set out as an Effective Date note under section 3551 of this title.

Notes of Decisions
Cited in 35 cases (2 in the last 5 years), 1970–2025 · leading case: Jonah R. v. Gilbert Carmona, 446 F.3d 1000 (9th Cir. 2006).
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Jonah R. v. Gilbert Carmona, 446 F.3d 1000 (9th Cir. 2006). · cites it 2× “See 18 U.S.C. § 4105 . The transfer statute provides that “[t]he transferred offender shall be given credit toward service of the sentence for any days, prior to the date of commencement of the sentence, spent in custody in connection with the offense or acts for which the…”
Kass v. Barr, 83 F.3d 1186 (10th Cir. 1996). · cites it 6× “at 7405; see also 18 U.S.C. § 4105 (a) (“Except as provided elsewhere in this section, [an offender transfered to the United States] shall remain in the custody of the Attorney General under the same conditions and for the same period of time as an offender who had been…”
Bender v. United States Parole Comm'n, 802 F.3d 690 (5th Cir. 2015). · cites it 4× “18 U.S.C. § 4105 (a) (emphasis added). The Parole Commission is authorized to set release dates for prisoners transferred from foreign countries under the Transfer Treaty.”
Bishop v. Reno, 210 F.3d 1295 (11th Cir. 2000). · cites it 2× “See 18 U.S.C. § 4105 (c)(1); Ajala v. United States Parole Comm'n, 997 F.”
Karl L. Cannon v. U.S. Dep't of Just., 973 F.2d 1190 (5th Cir. 1992). · cites it 3× “The Commission then posits that 18 U.S.C. § 4105 requires the Bureau of Prisons to establish a mandatory release date which takes into account the section 3624(b) credits as provided by section 3624(a).”
Comfort Asare v. United States Parole Comm'n, 2 F.3d 540 (4th Cir. 1993). · cites it 3× “See 18 U.S.C. §§ 4105 (a) & 4102. So that the foreign sentence can be administered under the laws of the United States, the statute directs the United States Parole Commission to convert the sentence to a decision of that Commission and determine a “release date,” together with…”
Adebola Olumbunm Ajala v. United States Parole Comm'n, 997 F.2d 651 (9th Cir. 1993). · cites it 2× “For this proposition, Ajala must go outside § 4106A to another section of the transfer treaty statutes — 18 U.S.C. § 4105 . Section 4105 deals with the terms and conditions of imprisonment of transferring offenders.”
Gerald Glen Boyden v. Griffin Bell, 631 F.2d 120 (9th Cir. 1980). · cites it 3× “Relying upon 18 U.S.C. § 4105 (c)(1), 7 U.S. authorities recalculated Boyden’s Canadian statutory remission and credited him with 240 days for the portion of his sentence actually served in Canada up to the date of transfer.”
United States v. Mathias Thomas Kopp, 778 F.3d 986 (11th Cir. 2015). · cites it 2× “See 18 U.S.C. § 4105 . After Kopp returned to the 2 Case: 14-12408 Date Filed: 02/18/2015 Page: 3 of 9 United States, the United States Parole Commission required him to serve his prison sentence of seven years, eight months, followed by a term of 36 months of supervised…”
Harold Pryor v. Edward J. Brennan, 914 F.2d 921 (7th Cir. 1990). “See 18 U.S.C. §§ 4105 , 4161-4162 (1988), 28 C.”
Thomas Michael Powell v. U.S. Bureau of Prisons, 695 F.2d 868 (5th Cir. 1983). · cites it 2× “18 U.S.C. § 4105 (c)(1) provides that “all credits for good time, for labor or any other credit” given by the transferring country shall be combined with good time credits subsequently awarded by the United States to provide a release date for the offender under 18 U.”
Eluid Trevino-Casares v. U.S. Parole Comm'n, 992 F.2d 1068 (10th Cir. 1993). “§ 4106A(b), while accommodating, or at least not interfering with, the proper application of the various credits toward service of that sentence (“service credits”) to which the offender may be entitled under 18 U.S.C. § 4105 . Mr. Trevino-Casares was arrested in Mexico on…”
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