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2026-07-06 10:51:44 -04:00

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LegalText 18 U.S.C. § 3244 Jurisdiction of proceedings relating to transferred offenders us united_states_code code_section 18 CRIMES AND CRIMINAL PROCEDURE 211 JURISDICTION AND VENUE 3244 18 U.S.C. § 3244 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc18@119-100.zip /us/usc/t18/s3244 data/legal/raw/us/code/title-18/usc18.xml 9bb4e32e6385b5f9759d4120f1518f39f3ac45535e09a7f0d924ffdc504af8e6 1a1bbbbdb59e376ada4eb7ad1056fd68d396679ee7ab59f0561af15006122708 455d65af08cccabc4c394bd2129c87b2c2462918acd9686b8cb26bdcb3e1436f 2026-07-04 official
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18 U.S.C. § 3244 - Jurisdiction of proceedings relating to transferred offenders

Text

When a treaty is in effect between the United States and a foreign country providing for the transfer of convicted offenders—

(1) the country in which the offender was convicted shall have exclusive jurisdiction and competence over proceedings seeking to challenge, modify, or set aside convictions or sentences handed down by a court of such country;

(2) all proceedings instituted by or on behalf of an offender transferred from the United States to a foreign country seeking to challenge, modify, or set aside the conviction or sentence upon which the transfer was based shall be brought in the court which would have jurisdiction and competence if the offender had not been transferred;

(3) all proceedings instituted by or on behalf of an offender transferred to the United States pertaining to the manner of execution in the United States of the sentence imposed by a foreign court shall be brought in the United States district court for the district in which the offender is confined or in which supervision is exercised and shall name the Attorney General and the official having immediate custody or exercising immediate supervision of the offender as respondents. The Attorney General shall defend against such proceedings;

(4) all proceedings instituted by or on behalf of an offender seeking to challenge the validity or legality of the offenders transfer from the United States shall be brought in the United States district court of the district in which the proceedings to determine the validity of the offenders consent were held and shall name the Attorney General as respondent; and

(5) all proceedings instituted by or on behalf of an offender seeking to challenge the validity or legality of the offenders transfer to the United States shall be brought in the United States district court of the district in which the offender is confined or of the district in which supervision is exercised and shall name the Attorney General and the official having immediate custody or exercising immediate supervision of the offender as respondents. The Attorney General shall defend against such proceedings.

(Added Pub. L. 95144, § 3, Oct. 28, 1977, 91 Stat. 1220, title 28, § 2256; renumbered Pub. L. 95598, title III, § 314(j)(1), Nov. 6, 1978, 92 Stat. 2677.)

Notes

Editorial Notes

Codification Section was formerly classified to section 2256 of Title 28, Judiciary and Judicial Procedure.

Statutory Notes and Related Subsidiaries

Savings ProvisionAmendment by section 314 of Pub. L. 95598 not to affect the application of chapter 9 (§ 151 et seq.), chapter 96 (§ 1961 et seq.), or section 2516, 3057, or 3284 of this title to any act of any person (1) committed before Oct. 1, 1979, or (2) committed after Oct. 1, 1979, in connection with a case commenced before such date, see section 403(d) of Pub. L. 95598, set out as a note preceding section 101 of Title 11, Bankruptcy.