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-253
Lonnie Alonzo Howard, a/k/a Lonnie M. 	)
Howard, 	)
)
Defendant. 	)
On January 9, 2019, defendant made his initial appearance and was arraigned in the above-entitled
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 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. On January 10,
2019, defendant and the Government an "Interstate Agreement on Detainers Anti-Shuttling Waiver
Stipulation.” Based on the waiver, the court finds that defendant knowingly, voluntarily, and upon advice
1
Case 1:17-cr-00253-DLH Document 19 Filed 01/11/19 Page 1 of 2

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 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 the charges set forth in the Indictment.
Dated this 11th day of January, 2019.
/s/ Charles S. Miller, Jr.
Charles S. Miller, Jr., Magistrate Judge
United States District Court
2
Case 1:17-cr-00253-DLH Document 19 Filed 01/11/19 Page 2 of 2