USA v. Carsen 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. 	)
)
Dallas Dean Carsen, 	) 	Case No.: 1:24-cr-00106
)
Defendant. 	)
On August 8, 2024, Defendant made his initial appearance and was arraigned in the above-
entitled action. SAUSA Paul Jensen appeared on the Government’s behalf. Attorney Ross Espeseth
was appointed to represent Defendant in this matter and appeared on Defendant’s behalf.
Prior to his initial appearance, Defendant was incarcerated by the State of North Dakota at
the Heart of America Correctional and Treatment Center in Rugby, 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.
At the initial appearance and arraignment, Defendant was advised of his rights under the
IADA to continued federal custody until the charges set forth in the Indictment are adjudicated.
Defendant did not waive anti-shuttling provisions of the IADA at that time, and the court ordered
Defendant detained pending further proceedings.
On August 15, 2024, Defendant appeared for a detention hearing, during which he waived
his right to a detention hearing and advised the court of his desire to return to State of North Dakota
custody. The court accepted Defendant’s waiver of the detention hearing, finding it was made
Case 1:24-cr-00106-DMT Document 71 Filed 08/15/24 Page 1 of 2

knowingly, voluntarily, intelligently, and upon advice of counsel. The court also found Defendant
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 IADA) at the Heart of America Correctional and
Treatment Center pending further proceedings in this case initiated by the United States (the
“receiving state” under the IADA).
According, 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 Defendant to Heart of America Correctional and Treatment
Center pending trial shall not be grounds under the IADA for dismissal of the charges set forth in
the Indictment.
Dated this 15th day of August, 2024.
/s/ Clare R. Hochhalter
Clare R. Hochhalter, Magistrate Judge
United States District Court
Case 1:24-cr-00106-DMT Document 71 Filed 08/15/24 Page 2 of 2