USA v. Ruiz-Pena 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.: 1:24-cr-192
Austin James St. Claire, 	)
)
Defendant. 	)
On December 10, 2024, Defendant made his initial appearance in the above-entitled action
and was arraigned. Prior to his initial appearance, Defendant was incarcerated by the State of North
Dakota at the James River Correctional Center. 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
Interstate Agreement on Detainers Act (“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 North Dakota State Penitentiary pending further proceedings
in this case initiated by the United States (the “receiving state” under the IADA). Defendant also
executed a waiver of his rights under the IADA's anti-shuttling provision. (Doc. No. 53).
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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 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 10th day of December, 2024.
/s/ Clare R. Hochhalter
Clare R. Hochhalter, Magistrate Judge
United States District Court
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