§3264 — Title 18 Crimes and Criminal Procedure | U.S. Code

Summary

Someone arrested or charged under section 3261(a) cannot be moved to the United States or sent to any country other than the one where they are believed to have committed the offense. That rule also does not apply if the person was handed over to foreign authorities under section 3263. Exceptions let a Federal magistrate judge order removal to the United States for detention hearings, pretrial detention, a required preliminary examination (see sections 3142(f) and 3142(e)), or any other judge order; the Secretary of Defense can waive the rule for military necessity and send the person to the nearest U.S. military installation outside the United States for detention and the initial appearance under section 3265(a).

Title 18, §3264

Crimes and Criminal Procedure — Source: USLM XML via OLRC

(a)Except as provided in subsection (b), and except for a person delivered to authorities of a foreign country under section 3263, a person arrested for or charged with a violation of section 3261(a) shall not be removed—

(1)to the United States; or

(2)to any foreign country other than a country in which such person is believed to have violated section 3261(a).

(b)The limitation in subsection (a) does not apply if—

(1)a Federal magistrate judge orders the person to be removed to the United States to be present at a detention hearing held pursuant to section 3142(f);

(2)a Federal magistrate judge orders the detention of the person before trial pursuant to section 3142(e), in which case the person shall be promptly removed to the United States for purposes of such detention;

(3)the person is entitled to, and does not waive, a preliminary examination under the Federal Rules of Criminal Procedure, in which case the person shall be removed to the United States in time for such examination;

(4)a Federal magistrate judge otherwise orders the person to be removed to the United States; or

(5)the Secretary of Defense determines that military necessity requires that the limitations in subsection (a) be waived, in which case the person shall be removed to the nearest United States military installation outside the United States adequate to detain the person and to facilitate the initial appearance described in section 3265(a).

Editorial Notes

References in Text

The Federal Rules of Criminal Procedure, referred to in subsec. (b)(3), are set out in the Appendix to this title.

§3264 Limitation on Removal

Summary

Title 18, §3264

Notes & Related Subsidiaries

Editorial Notes

References in Text

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