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

18 U.S.C. § 4107

Verification of consent of offender to transfer from the United States

Read at: OLRCuscode.house.gov CornellLII GovInfogovinfo.gov JustiaTitle 18 CasesGoogle Scholar
(a) Prior to the transfer of an offender from the United States, the fact that the offender consents to such transfer and that such consent is voluntary and with full knowledge of the consequences thereof shall be verified by a United States magistrate judge or a judge as defined in section 451 of title 28, United States Code.(b) The verifying officer shall inquire of the offender whether he understands and agrees that the transfer will be subject to the following conditions:(1) only the appropriate courts in the United States may modify or set aside the conviction or sentence, and any proceedings seeking such action may only be brought in such courts;(2) the sentence shall be carried out according to the laws of the country to which he is to be transferred and that those laws are subject to change;(3) if a court in the country to which he is transferred should determine upon a proceeding initiated by him or on his behalf that his transfer was not accomplished in accordance with the treaty or laws of that country, he may be returned to the United States for the purpose of completing the sentence if the United States requests his return; and(4) his consent to transfer, once verified by the verifying officer, is irrevocable.(c) The verifying officer, before determining that an offender’s consent is voluntary and given with full knowledge of the consequences, shall advise the offender of his right to consult with counsel as provided by this chapter. If the offender wishes to consult with counsel before giving his consent, he shall be advised that the proceedings will be continued until he has had an opportunity to consult with counsel.(d) The verifying officer shall make the necessary inquiries to determine that the offender’s consent is voluntary and not the result of any promises, threats, or other improper inducements, and that the offender accepts the transfer subject to the conditions set forth in subsection (b). The consent and acceptance shall be on an appropriate form prescribed by the Attorney General.(e) The proceedings shall be taken down by a reporter or recorded by suitable sound recording equipment. The Attorney General shall maintain custody of the records.(Added Pub. L. 95–144, § 1, Oct. 28, 1977, 91 Stat. 1216; amended Pub. L. 101–650, title III, § 321, Dec. 1, 1990, 104 Stat. 5117.)Statutory Notes and Related SubsidiariesChange of Name

“United States magistrate judge” substituted for “United States magistrate” in subsec. (a) pursuant to section 321 of Pub. L. 101–650, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure.

Notes of Decisions
Cited in 6 cases (1 in the last 5 years), 1982–2022 · leading case: Jesse Lopez Tavarez, Ex Parte v. U. S. Attorney General
Sort: Relevance Newest Treatment
Jesse Lopez Tavarez, Ex Parte v. U. S. Attorney General (1982) ca5 · cites it 7× “Tavarez relies heavily on 18 U.S.C. § 4107 (b)(2), under which the transferee must give his consent that “the sentence shall be carried out according to the laws of the country to which he is to be transferred.”
United States v. Escovio Rios (2022) ca4 “V, § 2, 1977 WL 181724 ; accord 18 U.S.C. § 4107 (b)(2) (same language in the Foreign Offenders Transfer Act, the Treaty’s implementing legislation).”
James Edward Verner v. United States Parole Commission (1998) ca10 · cites it 2× “” 18 U.S.C. § 4107 (b)(2). By voluntarily consenting to the transfer, the Commission argues, Verner has waived the right to challenge the applicability of the sentencing guidelines, which contain no parole availability, to his sentence.”
Carberry v. Hess (1990) dcd · cites it 3× “Similarly, in his fourth claim for relief, plaintiff alleges that the operation and effect of 18 U.S.C. § 4107 (b)(2) has caused him and will continue to cause him a deprivation of rights secured to him by the United States Constitution.”
Verner v. U.S. Parole (1998) ca10 · cites it 2× “” 18 U.S.C. § 4107 (b)(2). By voluntarily consenting to the transfer, the Commission argues, Verner has Verner’s other foreign convictions were excluded from his criminal history 4 computation pursuant to U.”
Soering v. McDonnell (2012) vaccrichmondcty “18 U.S.C. § 4107 (b)(4). Additionally, in his letter to Governor McDonnell confirming receipt of the Commonwealth’s revocation of consent, Attorney General Holder specifically stated that nothing in the Convention or federal law prohibited the Governor from revoking consent…”
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.