USA v. Rogers, 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. 	)
) 	Case No.: 1:22-cr-195
Lawrence John Bearking, 	)
)
Defendant. 	)
On August 30, 2023, Defendant made his initial appearance in the above-entitled action and
was arraigned. AUSA Rick Volk appeared on behalf of the United States. Attorney Scott Brand
appeared on Defendant’s behalf.
Prior to his initial appearance, Defendant was incarcerated by the State of North Dakota at
the James River Correctional Center. After the Second Superseding 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
Interstate Agreement on Detainers Act (“IADA”) to continued federal custody until the charges set
forth in the Second Superseding 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 James River Correctional Center pending further
proceedings in this case initiated by the United States (the “receiving state” under the IADA).
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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 pending trial shall not be grounds under the IADA for dismissal of the charges
set forth in the Second Superseding Indictment.
Dated this 30th day of August, 2023.
/s/ Clare R. Hochhalter
Clare R. Hochhalter, Magistrate Judge
United States District Court
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