USA v. Sheehan

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-177
Dustin Eugene Sheehan, 	)
)
Defendant. 	)
On September 22, 2022, defendant made his initial appearance in the above-entitled action
and was arraigned. AUSA Jeremy Ensrud appeared on behalf of the United States. Attorney Ashley
Flagstad appeared on defendant’s behalf.
Prior to his initial appearance, defendant was at the Ward County Jail in the custody of the
North Dakota Department of Corrections and Rehabilitation. After the Indictment in this case was
returned and an arrest warrant issued, a detainer was filed by the United States with the State of
North Dakota. 	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 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 Ward County
Jail 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 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 22nd day of September, 2022.
/s/ Clare R. Hochhalter
Clare R. Hochhalter, Magistrate Judge
United States District Court
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