USA v. Davis et al

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
United States of America, 	)
)
Plaintiff, 	) 	INTERSTATE AGREEMENT ON
) 	DETAINERS ORDER
v. 	)
)
Adam Brenner Kuntz, 	) 	Case No.: 1:24-cr-00052
)
Defendant. 	)
On August 29, 2024, Defendant made his initial appearance in the above-entitled action
and was arraigned. AUSA Nick Baker appeared on behalf of the United States. Attorney Bradley
Scott Rose 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. 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 IADA
to continued federal custody until the charges set forth in the Indictment are adjudicated. Defendant
waived in open court 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 IADA) at the North Dakota State
Penitentiary pending further proceedings in this case initiated by the United States (the “receiving
state” under the IADA).
Case 1:24-cr-00052-DMT Document 36 Filed 08/29/24 Page 1 of 2

The court accepts Defendant’s waiver, finding that it was made knowingly and intelligently,
voluntarily, and upon advice of counsel. Accordingly, the court ORDERS 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 pending trial shall not be grounds under the IADA for dismissal of the charges set
forth in the Indictment.
Dated this 29th day of August, 2024.
/s/ Clare R. Hochhalter
Clare R. Hochhalter, Magistrate Judge
United States District Court
Case 1:24-cr-00052-DMT Document 36 Filed 08/29/24 Page 2 of 2