                 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 brought before 
the issuing authority. If the justice, judge, or magistrate judge finds 
that the person before him is the offender described in the complaint 
and that the facts alleged in the complaint are true, he shall issue a 
warrant for commitment of the offender to the custody of the Attorney 
General until surrender shall be made. The findings and a copy of all 
the testimony taken before him and of all documents introduced before 
him shall be transmitted to the Secretary of State, that a Return 
Warrant may issue upon the requisition of the proper authorities of the 
sentencing country, for the surrender of offender.
    (c) A complaint referred to in subsection (b) must be filed within 
sixty days from the date on which the decision ordering the release of 
the offender becomes final.
    (d) An offender returned under this section shall be subject to the 
jurisdiction of the country to which he is returned for all purposes.
    (e) The return of an offender shall be conditioned upon the offender 
being given credit toward service of the sentence for the time spent in 
the custody of or under the supervision of the United States.
    (f) Sections 3186, 3188 through 3191, and 3195 of this title shall 
be applicable to the return of an offender under this section. However, 
an offender returned under this section shall not be deemed to have been 
extradited for any purpose.
    (g) An offender whose return is sought pursuant to this section may 
be admitted to bail or be released on his own recognizance at any stage 
of the proceedings.

(Added Pub. L. 95-144, Sec. 1, Oct. 28, 1977, 91 Stat. 1219; amended 
Pub. L. 101-650, title III, Sec. 321, Dec. 1, 1990, 104 Stat. 5117.)

                         Change of Name

    Words ``magistrate judge'' substituted for ``magistrate'' wherever 
appearing in subsec. (b) pursuant to section 321 of Pub. L. 101-650, set 
out as a note under section 631 of Title 28, Judiciary and Judicial 
Procedure.
