USA v. Dutchuk 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.: 1-18-cr-23
Ashley Patzner, )
)
Defendant. )
On March 29, 2018, defendant made her initial appearance and was arraigned in the above-
entitled action. AUSA Jon O’Konek appeared on the Government’s behalf. Attorney Kent Morrow
was appointed to represent defendant in ths matter and appeared on defendant’s behalf.
Prior to his initial appearance, defendant was incarcerated by the State of North Dakota at
the Women’s Department of Corrections and Rehabilitation facility in New England, 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 her initial appearance and
arraignment was secured by a writ of habeas corpus ad prosequendum.
At her initial appearance and arraignment, defendant was advised of her rights under the
IADA to continued federal custody until the charges set forth in the Indictment are adjudicated and
waived those rights. Based on defendant’s waiver, the court finds she knowingly, voluntarily, and
upon advice of counsel waived the anti-shuttling provisions of the IADA in open court and agreed
to return to the custody of the State of North Dakota (the “sending state” under the IADA) pending
further proceedings in this case initiated by the United States (the “receiving state” under the IADA).
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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 29th day of March, 2018.
/s/ Charles S. Miller, Jr.
Charles S. Miller, Jr., Magistrate Judge
United States District Court
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