--- kind: "section" citation: "18 U.S.C. § 4114" title: "18" title_heading: "Crimes and Criminal Procedure" number: "4114" heading: "Return of transferred offenders" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/18/4114" units: - "Part III — Prisons and Prisoners" - "Chapter 306 — Transfer to or from Foreign Countries" --- # §4114. Return of transferred offenders - (a) Upon a final decision by the courts of the United States that the [transfer](/usc/18/4101.md?p=j) of the [offender](/usc/18/4101.md?p=e) to the United States was not in accordance with the [treaty](/usc/18/4101.md?p=k) or the laws of the United States and ordering the [offender](/usc/18/4101.md?p=e) released from serving the [sentence](/usc/18/4101.md?p=h) in the United States the [offender](/usc/18/4101.md?p=e) may be returned to the country from which he was transferred to complete the [sentence](/usc/18/4101.md?p=h) if the country in which the [sentence](/usc/18/4101.md?p=h) was imposed requests his return. The Attorney General shall notify the appropriate authority of the country which imposed the [sentence](/usc/18/4101.md?p=h), within ten days, of a final decision of a court of the United States ordering the [offender](/usc/18/4101.md?p=e) released. The notification shall specify the time within which the sentencing country must request the return of the [offender](/usc/18/4101.md?p=e) which shall be no longer than thirty days. - (b) Upon receiving a request from the sentencing country that the [offender](/usc/18/4101.md?p=e) ordered released be returned for the completion of his [sentence](/usc/18/4101.md?p=h), the Attorney General may file a complaint for the return of the [offender](/usc/18/4101.md?p=e) with any justice or judge of the United States or any authorized magistrate judge within whose jurisdiction the [offender](/usc/18/4101.md?p=e) is found. The complaint shall be upon oath and supported by affidavits establishing that the [offender](/usc/18/4101.md?p=e) was convicted and sentenced by the courts of the country to which his return is requested; the [offender](/usc/18/4101.md?p=e) was transferred to the United States for the execution of his [sentence](/usc/18/4101.md?p=h); the [offender](/usc/18/4101.md?p=e) was ordered released by a court of the United States before he had completed his [sentence](/usc/18/4101.md?p=h) because the [transfer](/usc/18/4101.md?p=j) of the [offender](/usc/18/4101.md?p=e) was not in accordance with the [treaty](/usc/18/4101.md?p=k) or the laws of the United States; and that the sentencing country has requested that he be returned for the completion of the [sentence](/usc/18/4101.md?p=h). There shall be attached to the complaint a copy of the [sentence](/usc/18/4101.md?p=h) of the sentencing court and of the decision of the court which ordered the [offender](/usc/18/4101.md?p=e) released. A summons or a warrant shall be issued by the justice, judge or magistrate judge ordering the [offender](/usc/18/4101.md?p=e) to appear or to be brought before the issuing authority. If the justice, judge, or magistrate judge finds that the person before him is the [offender](/usc/18/4101.md?p=e) described in the complaint and that the facts alleged in the complaint are true, he shall issue a warrant for commitment of the [offender](/usc/18/4101.md?p=e) to the custody of the Attorney General until surrender shall be made. The findings and a copy of all the testimony taken before him and of all documents introduced before him shall be transmitted to the Secretary of State, that a Return Warrant may issue upon the requisition of the proper authorities of the sentencing country, for the surrender of [offender](/usc/18/4101.md?p=e). - (c) A complaint referred to in [subsection (b)](#b) must be filed within sixty days from the date on which the decision ordering the release of the [offender](/usc/18/4101.md?p=e) becomes final. - (d) An [offender](/usc/18/4101.md?p=e) returned under this section shall be subject to the jurisdiction of the country to which he is returned for all purposes. - (e) The return of an [offender](/usc/18/4101.md?p=e) shall be conditioned upon the [offender](/usc/18/4101.md?p=e) being given credit toward service of the [sentence](/usc/18/4101.md?p=h) for the time spent in the custody of or under the supervision of the United States. - (f) Sections [3186](/usc/18/3186.md), [3188](/usc/18/3188.md) through [3191](/usc/18/3191.md), and [3195](/usc/18/3195.md) of this title shall be applicable to the return of an [offender](/usc/18/4101.md?p=e) under this section. However, an [offender](/usc/18/4101.md?p=e) returned under this section shall not be deemed to have been extradited for any purpose. - (g) An [offender](/usc/18/4101.md?p=e) whose return is sought pursuant to this section may be admitted to bail or be released on his own recognizance at any stage of the proceedings. ## Source credit (Added Pub. L. 95–144, § 1, Oct. 28, 1977, 91 Stat. 1219; amended Pub. L. 101–650, title III, § 321, Dec. 1, 1990, 104 Stat. 5117.) ## Notes ### Statutory Notes and Related Subsidiaries ### Change of Name Words “magistrate judge” substituted for “magistrate” wherever appearing in subsec. (b) pursuant to section 321 of Pub. L. 101–650, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure.