USA v. Cruz

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.: 1:24-cr-010
Lucio Cruz, 	)
)
Defendant. 	)
On March 26, 2024, Defendant made his initial appearance in the above-entitled action and
was arraigned.
Prior to his initial appearance, Defendant was incarcerated by the State of North Dakota at
the North Dakota State Penitentiary. After the Indictment in this case was returned and an arrest
warrant issued, a detainer was filed by the United States with 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, the court advised Defendant of his rights under
the Interstate Agreement on Detainers Act (“IADA”) to continued federal custody until the charges
set forth in the Indictment are adjudicated. 	It also ordered Defendant detained pending further
hearing on April 2, 2024
On March 28, 2024, Defendant filed an “Interstate Agreement on Detainers Antishuttling
Waiver Stipulation.” (Doc. No. 21). Therein he waived the anti-shuttling provisions of the IADA
and agreed to remain in the custody of the State of North Dakota (the “sending state” under the
1
Case 1:24-cr-00010-DMT Document 22 Filed 03/29/24 Page 1 of 2

IADA) at the North Dakota State Penitentiary pending further proceedings in this case initiated by
the United States (the “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, the court ORDERS that Defendant be
returned to and 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 Defendant to his
place of incarceration in the “sending state” pending trial shall not be grounds under the IADA for
dismissal of the charges set forth in the Indictment. The hearing set for April 2, 2024, is cancelled.
Dated this 29th day of March, 2024.
/s/ Clare R. Hochhalter
Clare R. Hochhalter, Magistrate Judge
United States District Court
2
Case 1:24-cr-00010-DMT Document 22 Filed 03/29/24 Page 2 of 2