USA v. Gessner

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
United States of America, )
)
Plaintiff, ) INTERSTATE AGREEMENT ON
) DETAINERS ORDER
vs. )
) Case No.: 1-18-cr-35
Thorin Christopher Ale Gessner, )
)
Defendant. )
On February 27, 2018, defendant made his initial appearance and was arraigned in the above-
entitled action. SAUSA Jeremy Ensrud appeared on the Government’s behalf. Attorney Michelle
Monteiro was appointed to represent defendant in ths matter and appeared on defendant’s behalf.
Prior to his initial appearance, defendant was incarcerated by the State of North Dakota at
the North Dakota State Penitentiary (“NDSP”) in Bismarck, North Dakota. After the Indictment in
this case was returned and an arrest warrant issued, a detainer was filed by the United States with
the North Dakota prison officials. Pursuant to the Interstate Agreement on Detainers Act (“IADA”),
defendant’s appearance before this court for his initial appearance and arraignment was secured by
a writ of habeas corpus ad prosequendum.
At his initial appearance and arraignment, defendant was advised of his rights under the
IADA to continued federal custody until the charges set forth in the Indictment are adjudicated. The
Defendant thereafter waived his rights under the IADA, opting to remain in state custody. Based on
defendant’s waiver, the court finds that knowingly, voluntarily, and upon advice of counsel waived
the anti-shuttling provisions of the IADA and in open court and agreed to return to the custody of
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the State of North Dakota (the “sending state” under the IADA) at the NDSP pending further
proceedings in this case initiated by the United States (the “receiving state” under the IADA)..
Accordingly, the court ORDERS that defendant be housed in the “sending state” under the
IADA pending further proceedings or until further order of the court. Further, pursuant to
defendant’s waiver, the return of the defendant to his place of incarceration pending trial shall not
be grounds under the IADA for dismissal of the charges set forth in the Indictment.
Dated this 27th day of February, 2018.
/s/ Charles S. Miller, Jr.
Charles S. Miller, Jr., Magistrate Judge
United States District Court
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