USA v. Chappell et al

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
United States of America, 	)
)
Plaintiff, 	) 	INTERSTATE AGREEMENT ON
) 	DETAINERS ORDER
vs. 	)
)
Agrain Pena Ruiz, a/k/a Agrain Ruiz Pena, 	)
a/k/a Yopo, 	) 	Case No. 1:16-cr-052
)
Defendant. 	)
On May 26, 2016, defendant made his initial appearance and was arraigned in the above-
entitled action. 	AUSA Brandi Sasse Russell appeared on the Government’s behalf. 	Attorney
Charles Sheeley appeared on defendant’s behalf. An interpreter was also present.
Prior to his initial appearance, defendant was incarcerated by the State of North Dakota at
the James River Correctional Center (JRCC) in Jamestown, 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.
During the hearing, defendant was advised of his rights under the IADA to continued federal
custody until the charges set forth in the superseding indictment are adjudicated. 	Defendant
knowingly, voluntarily, and upon advice of counsel waived the anti-shuttling provisions of the
IADA and in open court and agreed to his continued housing by the State of North Dakota (the
“sending state” under the IADA) at theJRCC pending further proceedings in this case initiated by
the United States (the “receiving state” under the IADA). The United States did not object.
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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 26th day of May, 2016.
/s/ Charles S. Miller, Jr.
Charles S. Miller, Jr., Magistrate Judge
United States District Court
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