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CITE

    18 USC Sec. 3184                                            01/05/2009

EXPCITE

    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART II - CRIMINAL PROCEDURE
    CHAPTER 209 - EXTRADITION

HEAD

    Sec. 3184. Fugitives from foreign country to United States

STATUTE

      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 judge 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 judge, 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 judge 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.

SOURCE

    (June 25, 1948, ch. 645, 62 Stat. 822; Pub. L. 90-578, title III,
    Sec. 301(a)(3), Oct. 17, 1968, 82 Stat. 1115; Pub. L. 100-690,
    title VII, Sec. 7087, Nov. 18, 1988, 102 Stat. 4409; Pub. L. 101-
    647, title XVI, Sec. 1605, Nov. 29, 1990, 104 Stat. 4843; Pub. L.
    101-650, title III, Sec. 321, Dec. 1, 1990, 104 Stat. 5117; Pub. L.
    104-132, title IV, Sec. 443(b), Apr. 24, 1996, 110 Stat. 1281.)

HISTORICAL AND REVISION NOTES

      Based on title 18, U.S.C., 1940 ed., Sec. 651 (R.S. Sec. 5270;
    June 6, 1900, ch. 793, 31 Stat. 656).
      Minor changes of phraseology were made.
                                AMENDMENTS
      1996 - Pub. L. 104-132, in first sentence, inserted "or in cases
    arising under section 3181(b)," after "United States and any
    foreign government," and "or provided for under section 3181(b),"
    after "treaty or convention," and in third sentence, inserted "or
    under section 3181(b)," after "treaty or convention,".
      1990 - Pub. L. 101-647 inserted "or, if there is reason to
    believe the person will shortly enter the United States" after "are
    not known" in second sentence.
      1988 - Pub. L. 100-690 inserted after first sentence "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."
      1968 - Pub. L. 90-578 substituted "magistrate" for "commissioner"
    in two places.

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.

MISCELLANEOUS

                     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 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.
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