USA v. Cordova et al

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
SOUTHWESTERN DIVISION
United States of America, 	)
)
Plaintiff, 	) 	INTERSTATE AGREEMENT ON
) 	DETAINERS ORDER
vs. 	)
) 	Case No. 1:11-cr-045
Clifton John St. Claire, 	)
)
Defendant. 	)
On July 13th, 2011, defendant Clifton John St. Claire, ("St. Claire") made his 	initial
appearance in the above-entitled action and was arraigned. AUSA Julie Lawyer appeared on the
Government's behalf. Assistant Federal Public Defender Orell Schmitz was appointed as defense
counsel and appeared on St. Claire's behalf.
Prior to his initial appearance, St. Claire was incarcerated by the State of North Dakota at
the North Dakota State Penitentiary, in Bismarck, 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”), St.
Claire's appearance before this court for his initial appearance and arraignment was secured by a writ
of habeas corpus ad prosequendum.
During the hearing, St. Claire was advised of his rights under the IADA to continued federal
custody until the charges set forth in the indictment are adjudicated. 	St. Claire 	knowingly,
voluntarily, and upon advice of counsel waived the anti-shuttling provisions of the IADA and
stipulated to his continued housing by the State of North Dakota (the “sending state” under the
IADA) at the North Dakota State Penitentiary pending trial of the charges on the indictment by the
1
Case 1:11-cr-00045-DLH Document 16 Filed 07/13/11 Page 1 of 2

United States (the “receiving state” under the IADA). A written waiver memorializing the waiver
has been filed with the court. (Docket No. 12).
Based on St. Claire's waiver of the anti-shuttling provisions of the IADA, IT IS HEREBY
ORDERED that St. Claire be housed in the “sending state” under the IADA, at the North Dakota
State Penitentiary in Bismarck, North Dakota, pending trial of this matter or until further order of
the court. 	Further, pursuant to St. Claire's waiver, the return of St. Claire 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 13th day of July, 2011.
/s/ Charles S. Miller, Jr.
Charles S. Miller, Jr.
United States Magistrate Judge
2
Case 1:11-cr-00045-DLH Document 16 Filed 07/13/11 Page 2 of 2