Rule 20 Transfer Procedure
When an indictment is pending against a person in another district,
person may state in writing that he or she wishes to plead guilty, to waive
and to consent to a disposition in the district in which he finds himself.
this situation, counsel is not necessary to validate the defendant's consent
a transfer, as defendant may, by a not guilty plea, later nullify the
and the statement in that event may not be used against him or her.
United States, 443 F.2d 26 (9th Cir. 1971); Snowden v. Smith, 413
94 (7th Cir. 1969).|
After the defendant signs a written election to proceed under Rule
the United States Attorney in the district in which the defendant is present
executes a consent and forwards both documents to the United States Attorney
which the indictment is pending. Either United States Attorney may, under
Rule, refuse consent, such consent being discretionary. In such a case, the
defendant may be proceeded against under Rule 40.
If both United States Attorneys consent, the United States Attorney
the district in which the indictment is pending should forward the signed
consents to the clerk of his or her district court, who will transfer the
file to the clerk of the district court for the district in which the
is present. The case will then proceed to arraignment. Since a plea is
contemplated, the provisions of Fed. R. Crim. P. 11, pertaining thereto,
in the Rule 20 context.