|
Online Attorney
nited States in section 5 of this title.
Minor changes only were made in phraseology.
-EXEC-
EX. ORD. NO. 11517. ISSUANCE AND SIGNATURE BY SECRETARY OF STATE OF
WARRANTS APPOINTING AGENTS TO RETURN FUGITIVES FROM JUSTICE
EXTRADITED TO UNITED STATES
Ex. Ord. No. 11517, Mar. 19, 1970, 35 F.R. 4937, provided:
WHEREAS the President of the United States, under section 3192 of
Title 18, United States Code, has been granted the power to take
all necessary measures for the transportation, safekeeping and
security against lawless violence of any person delivered by any
foreign government to an agent of the United States for return to
the United States for trial for any offense of which he is duly
accused; and
WHEREAS fugitives from justice in the United States whose
extradition from abroad has been requested by the Government of the
United States and granted by a foreign government are to be
returned in the custody of duly appointed agents in accordance with
the provisions of section 3193 of Title 18, United States Code; and
WHEREAS such duly appointed agents under the provisions of the
law mentioned above, being authorized to receive delivery of the
fugitive in behalf of the United States and to convey him to the
place of his trial, are given the powers of a marshal of the United
States in the several districts of the United States through which
it may be necessary for them to pass with such prisoner, so far as
such power is requisite for the prisoner's safekeeping; and
WHEREAS such warrants serve as a certification to the foreign
government delivering the fugitives to any other foreign country
through which such agents may pass, and to authorities in the
United States of the powers therein conferred upon the agents; and
WHEREAS it is desirable by delegation of functions heretofore
performed by the President to simplify and thereby expedite the
issuance of such warrants to agents in the interests of the prompt
return of fugitives to the United States:
NOW, THEREFORE, by virtue of the authority vested in me by
section 301 of Title 3 of the United States Code, and as President
of the United States, it is ordered as follows:
Section 1. The Secretary of State is hereby designated and
empowered to issue and sign all warrants appointing agents to
receive, in behalf of the United States, the delivery in
extradition by a foreign government of any person accused of a
crime committed within the United States, and to convey such person
to the place of his trial.
Sec. 2. Agents appointed in accordance with section 1 of this
order shall have all the powers conferred in respect of such agents
by applicable treaties of the United States and by section 3193 of
Title 18, United States Code, or by any other provisions of United
States law.
Sec. 3. Executive Order No. 10347, April 18, 1952, as amended by
Executive Order No. 11354, May 23, 1967, is further amended by
deleting numbered paragraph 4 and renumbering paragraphs 5 and 6 as
paragraphs 4 and 5, respectively.
Richard Nixon.
-End-
-CITE-
18 USC Sec. 3194 01/19/04
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART II - CRIMINAL PROCEDURE
CHAPTER 209 - EXTRADITION
-HEAD-
Sec. 3194. Transportation of fugitive by receiving agent
-STATUTE-
Any agent appointed as provided in section 3182 of this title who
receives the fugitive into his custody is empowered to transport
him to the State or Territory from which he has fled.
-SOURCE-
(June 25, 1948, ch. 645, 62 Stat. 825.)
-MISC1-
HISTORICAL AND REVISION NOTES
Based on title 18, U.S.C., 1940 ed., Sec. 663 (R.S. Sec. 5279).
Last sentence of said section 663, relating to rescue of such
fugitive, was omitted as covered by section 752 of this title, the
punishment provision of which is based on later statutes. (See
reviser's note under that section.)
Minor changes were made in phraseology.
-End-
-CITE-
18 USC Sec. 3195 01/19/04
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART II - CRIMINAL PROCEDURE
CHAPTER 209 - EXTRADITION
-HEAD-
Sec. 3195. Payment of fees and costs
-STATUTE-
All costs or expenses incurred in any extradition proceeding in
apprehending, securing, and transmitting a fugitive shall be paid
by the demanding authority.
All witness fees and costs of every nature in cases of
international extradition, including the fees of the magistrate
judge, shall be certified by the judge or magistrate judge before
whom the hearing shall take place to the Secretary of State of the
United States, and the same shall be paid out of appropriations to
defray the expenses of the judiciary or the Department of Justice
as the case may be.
The Attorney General shall certify to the Secretary of State the
amounts to be paid to the United States on account of said fees and
costs in extradition cases by the foreign government requesting the
extradition, and the Secretary of State shall cause said amounts to
be collected and transmitted to the Attorney General for deposit in
the Treasury of the United States.
-SOURCE-
(June 25, 1948, ch. 645, 62 Stat. 825; Pub. L. 90-578, title III,
Sec. 301(a)(3), Oct. 17, 1968, 82 Stat. 1115; Pub. L. 101-650,
title III, Sec. 321, Dec. 1, 1990, 104 Stat. 5117.)
-MISC1-
HISTORICAL AND REVISION NOTES
Based on title 18, U.S.C., 1940 ed., Secs. 662, 662c, 662d, 668
(R.S. Sec. 5278; Aug. 3, 1882, ch. 378, Sec. 4, 22 Stat. 216; June
28, 1902, ch. 1301, Sec. 1, 32 Stat. 475; Mar. 22, 1934, ch. 73,
Secs. 2, 3, 48 Stat. 455).
First paragraph of this section consolidates provisions as to
costs and expenses from said sections 662, 662c, and 662d.
Minor changes were made in phraseology and surplusage was
omitted.
Remaining provisions of said sections 662, 662c, and 662d of
title 18, U.S.C., 1940 ed., are incorporated in sections 752, 3182,
3183, and 3187 of this title.
The words "or the Department of Justice as the case may be" were
added at the end of the second paragraph in conformity with the
appropriation acts of recent years. See for example act July 5,
1946, ch. 541, title II, 60 Stat. 460.
AMENDMENTS
1968 - Pub. L. 90-578 substituted "magistrate" for "commissioner"
in two places.
-CHANGE-
CHANGE OF NAME
Words "magistrate judge" substituted for "magistrate" wherever
appearing in text pursuant to section 321 of Pub. L. 101-650, set
out as a note under section 631 of Title 28, Judiciary and Judicial
Procedure.
-MISC2-
EFFECTIVE DATE OF 1968 AMENDMENT
Amendment by Pub. L. 90-578 effective Oct. 17, 1968, except when
a later effective date is applicable, which is the earlier of a
date when implementation of amendment by appointment of magistrates
[now United States magistrate judges] and assumption of office
takes place or third anniversary of enactment of Pub. L. 90-578 on
Oct. 17, 1968, see section 403 of Pub. L. 90-578, set out as a note
under section 631 of Title 28, Judiciary and Judicial Procedure.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 4114 of this title.
-End-
-CITE-
18 USC Sec. 3196 01/19/04
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART II - CRIMINAL PROCEDURE
CHAPTER 209 - EXTRADITION
-HEAD-
Sec. 3196. Extradition of United States citizens
-STATUTE-
If the applicable treaty or convention does not obligate the
United States to extradite its citizens to a foreign country, the
Secretary of State may, nevertheless, order the surrender to that
country of a United States citizen whose extradition has been
requested by that country if the other requirements of that treaty
or convention are met.
-SOURCE-
(Added Pub. L. 101-623, Sec. 11(a), Nov. 21, 1990, 104 Stat. 3356.)
-End-
-CITE-
18 USC CHAPTER 211 - JURISDICTION AND VENUE 01/19/04
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART II - CRIMINAL PROCEDURE
CHAPTER 211 - JURISDICTION AND VENUE
-HEAD-
CHAPTER 211 - JURISDICTION AND VENUE
-MISC1-
Sec.
3231. District courts.
3232. District of offense - Rule.
3233. Transfer within district - Rule.
3234. Change of venue to another district - Rule.
3235. Venue in capital cases.
3236. Murder or manslaughter.
3237. Offenses begun in one district and completed in
another.
3238. Offenses not committed in any district.
3239. Optional venue for espionage and related offenses.
3240. Creation of new district or division.
3241. Jurisdiction of offenses under certain sections.
3242. Indians committing certain offenses; acts on
reservations.
3243. Jurisdiction of State of Kansas over offenses
committed by or against Indians on Indian
reservations.
3244. Jurisdiction of proceedings relating to transferred
offenders.
AMENDMENTS
1994 - Pub. L. 103-322, title XXXII, Sec. 320909(b), Sept. 13,
1994, 108 Stat. 2127, added item 3239.
1984 - Pub. L. 98-473, title II, Sec. 1204(b), Oct. 12, 1984, 98
Stat. 2152, struck out item 3239 "Threatening communications".
1978 - Pub. L. 95-598, title III, Sec. 314(j)(2), Nov. 6, 1978,
92 Stat. 2678, added item 3244.
-End-
-CITE-
18 USC Sec. 3231 01/19/04
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART II - CRIMINAL PROCEDURE
CHAPTER 211 - JURISDICTION AND VENUE
-HEAD-
Sec. 3231. District courts
-STATUTE-
The district courts of the United States shall have original
jurisdiction, exclusive of the courts of the States, of all
offenses against the laws of the United States.
Nothing in this title shall be held to take away or impair the
jurisdiction of the courts of the several States under the laws
thereof.
-SOURCE-
(June 25, 1948, ch. 645, 62 Stat. 826.)
-MISC1-
HISTORICAL AND REVISION NOTES
Based on section 588d of title 12, U.S.C., 1940 ed., Banks and
Banking; title 18, U.S.C., 1940 ed., Secs. 546, 547 (Mar. 4, 1909,
ch. 321, Secs. 326, 340, 35 Stat. 1151, 1153; Mar. 3, 1911, ch.
231, Sec. 291, 36 Stat. 1167; May 18, 1934, ch. 304, Sec. 4, 48
Stat. 783).
This section was formed by combining sections 546 and 547 of
title 18, U.S.C., 1940 ed., with section 588d of title 12, U.S.C.,
Banks and Banking, with no change of substance.
The language of said section 588d of title 12, U.S.C., 1940 ed.,
which related to bank robbery, or killing or kidnapping as an
incident thereto (see section 2113, of this title), and which read
"Jurisdiction over any offense defined by sections 588b and 588c of
this title shall not be reserved exclusively to courts of the
United States" was omitted as adequately covered by this section.
SENATE REVISION AMENDMENT
The text of this section was changed by Senate amendment. See
Senate Report No. 1620, amendment No. 10, 80th Cong.
-End-
-CITE-
18 USC Sec. 3232 01/19/04
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART II - CRIMINAL PROCEDURE
CHAPTER 211 - JURISDICTION AND VENUE
-HEAD-
Sec. 3232. District of offense - (Rule)
-STATUTE-
-MISC1-
SEE FEDERAL RULES OF CRIMINAL PROCEDURE
Proceedings to be in district and division in which offense
committed, Rule 18.
-SOURCE-
(June 25, 1948, ch. 645, 62 Stat. 826.)
-End-
-CITE-
18 USC Sec. 3233 01/19/04
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART II - CRIMINAL PROCEDURE
CHAPTER 211 - JURISDICTION AND VENUE
-HEAD-
Sec. 3233. Transfer within district - (Rule)
-STATUTE-
-MISC1-
SEE FEDERAL RULES OF CRIMINAL PROCEDURE
Arraignment, plea, trial, sentence in district of more than one
division, Rule 19.
-SOURCE-
(June 25, 1948, ch. 645, 62 Stat. 826.)
-REFTEXT-
REFERENCES IN TEXT
Rule 19 of the Federal Rules of Criminal Procedure, referred to
in text, was rescinded Feb. 28, 1966, eff. July 1, 1966.
-End-
-CITE-
18 USC Sec. 3234 01/19/04
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART II - CRIMINAL PROCEDURE
CHAPTER 211 - JURISDICTION AND VENUE
-HEAD-
Sec. 3234. Change of venue to another district - (Rule)
-STATUTE-
-MISC1-
SEE FEDERAL RULES OF CRIMINAL PROCEDURE
Plea or disposal of case in district other than that in which
defendant was arrested, Rule 20.
-SOURCE-
(June 25, 1948, ch. 645, 62 Stat. 826.)
-End-
-CITE-
18 USC Sec. 3235 01/19/04
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART II - CRIMINAL PROCEDURE
CHAPTER 211 - JURISDICTION AND VENUE
-HEAD-
Sec. 3235. Venue in capital cases
-STATUTE-
The trial of offenses punishable with death shall be had in the
county where the offense was committed, where that can be done
without great inconvenience.
-SOURCE-
(June 25, 1948, ch. 645, 62 Stat. 826.)
-MISC1-
HISTORICAL AND REVISION NOTES
Based on section 101 of title 28, U.S.C., 1940 ed., Judicial Code
and Judiciary (Mar. 3, 1911, ch. 231, Sec. 40, 36 Stat. 1100).
-End-
-CITE-
18 USC Sec. 3236 01/19/04
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART II - CRIMINAL PROCEDURE
CHAPTER 211 - JURISDICTION AND VENUE
-HEAD-
Sec. 3236. Murder or manslaughter
-STATUTE-
In all cases of murder or manslaughter, the offense shall be
deemed to have been committed at the place where the injury was
inflicted, or the poison administered or other means employed which
caused the death, without regard to the place where the death
occurs.
-SOURCE-
(June 25, 1948, ch. 645, 62 Stat. 826.)
-MISC1-
HISTORICAL AND REVISION NOTES
Based on title 18, U.S.C., 1940 ed., Sec. 553 (Mar. 4, 1909, ch.
321, Sec. 336, 35 Stat. 1152).
-End-
-CITE-
18 USC Sec. 3237 01/19/04
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART II - CRIMINAL PROCEDURE
CHAPTER 211 - JURISDICTION AND VENUE
-HEAD-
Sec. 3237. Offenses begun in one district and completed in another
-STATUTE-
(a) Except as otherwise expressly provided by enactment of
Congress, any offense against the United States begun in one
district and completed in another, or committed in more than one
district, may be inquired of and prosecuted in any district in
which such offense was begun, continued, or completed.
Any offense involving the use of the mails, transportation in
interstate or foreign commerce, or the importation of an object or
person into the United States is a continuing offense and, except
as otherwise expressly provided by enactment of Congress, may be
inquired of and prosecuted in any district from, through, or into
which such commerce, mail matter, or imported object or person
moves.
(b) Notwithstanding subsection (a), where an offense is described
in section 7203 of the Internal Revenue Code of 1986, or where
venue for prosecution of an offense described in section 7201 or
7206(1), (2), or (5) of such Code (whether or not the offense is
also described in another provision of law) is based solely on a
mailing to the Internal Revenue Service, and prosecution is begun
in a judicial district other than the judicial district in which
the defendant resides, he may upon motion filed in the district in
which the prosecution is begun, elect to be tried in the district
in which he was residing at the time the alleged offense was
committed: Provided, That the motion is filed within twenty days
after arraignment of the defendant upon indictment or information.
-SOURCE-
(June 25, 1948, ch. 645, 62 Stat. 826; Pub. L. 85-595, Aug. 6,
1958, 72 Stat. 512; Pub. L. 89-713, Sec. 2, Nov. 2, 1966, 80 Stat.
1108; Pub. L. 98-369, div. A, title I, Sec. 162, July 18, 1984, 98
Stat. 697; Pub. L. 98-473, title II, Sec. 1204(a), Oct. 12, 1984,
98 Stat. 2152; Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat.
2095.)
-MISC1-
HISTORICAL AND REVISION NOTES
Based on section 103 of title 28, U.S.C., 1940 ed., Judicial Code
and Judiciary (Mar. 3, 1911, ch. 231, Sec. 42, 36 Stat. 1100).
Section was completely rewritten to clarify legislative intent
and in order to omit special venue provisions from many sections.
The phrase "committed in more than one district" may be
comprehensive enough to include "begun in one district and
completed in another", but the use of both expressions precludes
any doubt as to legislative intent.
Rules 18-22 of the Federal Rules of Criminal Procedure are in
accord with this section.
The last paragraph of the revised section was added to meet the
situation created by the decision of the Supreme Court of the
United States in United States v. Johnson, 1944, 65 S. Ct. 249, 89
L. Ed. 236, which turned on the absence of a special venue
provision in the Dentures Act, section 1821 of this revision. The
revised section removes all doubt as to the venue of continuing
offenses and makes unnecessary special venue provisions except in
cases where Congress desires to restrict the prosecution of
offenses to particular districts as in section 1073 of this
revision.
-REFTEXT-
REFERENCES IN TEXT
Section 7203 of the Internal Revenue Code of 1986, referred to in
subsec. (b), is classified to section 7203 of Title 26, Internal
Revenue Code.
Section 7201 or 7206(1), (2), or (5) of such Code, referred to in
subsec. (b), are classified respectively to sections 7201 and
7206(1), (2), (5) of Title 26.
-MISC2-
AMENDMENTS
Online Attorney
Read this important disclaimer
If you experience unusual problems with this site please email the webmaster.
Copyright: David Matheny, 2006-2008.
|
|