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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

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