USA v. Freeman

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.: 1:19-cr-034
Tyler Dean Freeman, 	)
)
Defendant. 	)
On April 26, 2019, defendant made his initial appearance and was arraigned in the above-
entitled action. AUSA Jonathan O’Konnek appeared on the Government’s behalf. Attorney Scott
Brand 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.
After consulting with counsel, defendant waived in open court the anti-shuttling provisions of the
IADA and agreed to return to the custody of 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
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“receiving state” under the IADA). The court accepts defendant’s waiver, finding that it was made
knowingly and intelligently, voluntarily, and upon advice of counsel.
Accordingly, defendant is remanded to the custody of the United States Marshal's Service
for the purpose of returning defendant to the custody of the "sending state," where he shall be
housed 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 26th day of April, 2019.
/s/ Charles S. Miller, Jr.
Charles S. Miller, Jr., Magistrate Judge
United States District Court
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