USA v. Drumgold

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.: 1:17-cr-040
Thomas Hannibal Drumgold, II, 	)
)
Defendant. 	)
On August 14, 2017, defendant made his initial appearance and was arraigned in the above-
entitled action. AUSA David Hagler appeared on the Government’s behalf. AFPD Chris Bellmore
appeared on defendant's behalf. His office was appointed to represent defendant in this matter.
Prior to his initial appearance, defendant was incarcerated by the State of North Dakota at
the North Dakota State Penitentiary (“NDSP”) 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”),
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 to continued federal custody until the charges set forth in the Indictment are adjudicated.
Defendant waived his anti-shuttling provisions of the IADA that time. Additionally he executed
an “Interstate Agreement on Detainers Anti-Shuttling Waiver Stipulation.”
Based on defendant’s waiver, the court finds that knowingly, voluntarily, and upon advice
of counsel waived the anti-shuttling provisions of the IADA and in open court and agreed to return
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to the custody of the State of North Dakota (the “sending state” under the IADA) at the NDSP
pending further proceedings in this case initiated by the United States (the “receiving state” under
the IADA)..
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 14th day of August, 2017.
/s/ Charles S. Miller, Jr.
Charles S. Miller, Jr., Magistrate Judge
United States District Court
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