§3244 Jurisdiction of proceedings relating to transferred offenders

Summary

When the United States and another country have a treaty that lets convicted people be sent between the countries, the law says which courts must hear different kinds of challenges about their convictions, sentences, or transfers. If the person was convicted abroad, that foreign country’s courts alone handle attacks on that conviction or sentence. If a person was sent from the United States to another country, any challenge to the conviction or sentence must be brought in the court that would have handled it if the person had not been sent. If a person was sent to the United States, challenges about how the sentence is carried out here must go to the U.S. district court where the person is jailed or supervised and must name the Attorney General and the jailer or supervisor; the Attorney General must defend. Challenges to the legality of a transfer from the United States must go to the U.S. district court that handled the consent hearing and must name the Attorney General. Challenges to the legality of a transfer to the United States must go to the U.S. district court where the person is jailed or supervised and must name the Attorney General and the jailer or supervisor; the Attorney General must defend.