UNITED STATES CODE ANNOTATED
TITLE 18. CRIMES AND CRIMINAL PROCEDURE
PART II--CRIMINAL PROCEDURE
CHAPTER 209--EXTRADITION
Copr. (C) West 1996. All rights reserved.
Current through P.L. 104-133, approved 4-25-96
§ 3184. Fugitives from foreign country to United States
Whenever there is a treaty or convention for extradition between
the
United States and any foreign government, or in cases arising under section
3181(b), any justice or judge of the United States, or any magistrate
authorized
so to do by a court of the United States, or any judge of a court of record
of
general jurisdiction of any State, may, upon complaint made under oath,
charging
any person found within his jurisdiction, with having committed within the
jurisdiction of any such foreign government any of the crimes provided for
by
such treaty or convention, or provided for under section 3181(b), issue his
warrant for the apprehension of the person so charged, that he may be
brought
before such justice, judge, or magistrate, to the end that the evidence of
criminality may be heard and considered. Such complaint may be filed before
and
such warrant may be issued by a judge or magistrate of the United States
District
Court for the District of Columbia if the whereabouts within the United
States
of the person charged are not known or, if there is reason to believe the
person
will shortly enter the United States. If, on such hearing, he deems the
evidence
sufficient to sustain the charge under the provisions of the proper treaty
or
convention, or under section 3181(b), he shall certify the same, together
with
a copy of all the testimony taken before him, to the Secretary of State,
that a
warrant may issue upon the requisition of the proper authorities of such
foreign
government, for the surrender of such person, according to the stipulations
of
the treaty or convention; and he shall issue his warrant for the commitment
of
the person so charged to the proper jail, there to remain until such
surrender
shall be made.
[cited in USAM 9-15.100] |