USA v. See Walker

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.: 1:20-cr-103
Shane Dean See Walker, 	)
)
Defendant. 	)
On August 20, 2020, defendant made his initial appearance and was arraigned in the above
entitled action. AUSA Brandi Sasse Russell appeared on behalf of the United States. Assistant
Federal Public Defender Michelle Monteiro was appointed to represent defendant in this matter and
appeared on his behalf.
Prior to his initial appearance, defendant was in State custody. After the Indictment in this
case was returned and an arrest warrant issued, a detainer was filed by the United States with the
appropriate State 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’s ant-shuttling provisions to continued federal custody until the charges set forth in the
Indictment are adjudicated. 	(Doc. No. 9). 	Defendant did waive his rights at this time and
consequently was ordered detained pending further order of the court. (Doc. No. 13).
On August 21, 2020, defendant filed a waiver of the IADA anti-shuttling provisions in which
he agreed to return to the custody of the State of North Dakota (the “sending state” under the IADA)
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pending further proceedings in this case initiated by the United States (the “receiving state” under
the IADA). (Doc. No. 18).
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
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 15th day of December, 2020.
/s/ Clare R. Hochhalter
Clare R. Hochhalter, Magistrate Judge
United States District Court
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