USA v. Howard

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.: 1:17-cr-014
Lonnie Alonzo Howard, a/k/a Lonnie M. 	)
Howard, 	)
)
Defendant. 	)
On January 9, 2019, defendant made his initial appearance on a petition for revocation of his
pretrial release in the above-captioned action. AUSA David Hagler appeared on the Government’s behalf.
Attorney Mark Meyer 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 petition 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 was secured by a writ of habeas corpus ad prosequendum.
At his initial appearance, defendant was advised of his rights under the IADA to continued federal
custody until his federal charges are adjudicated. On January 10, 2019, defendant and the Government
filed an "Interstate Agreement on Detainers Anti-Shuttling Waiver Stipulation.” Based on the waiver, the
court finds that defendant knowingly, voluntarily, and upon advice of counsel waived the anti-shuttling
provisions of the IADA and agreed to return to the custody of the State of North Dakota (the “sending
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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, 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 defendant’s federal charges.
Dated this 11th day of January, 2019.
/s/ Charles S. Miller, Jr.
Charles S. Miller, Jr., Magistrate Judge
United States District Court
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