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Criminal Resource Manual

526. Rule 20 Transfers—Complaint Only Pending

The indictment or information need not be pending in another district at the time of arrest in order to be subject to a Rule 20 disposition. O'Brien v. United States, 233 F.2d 246 (5th Cir. 1956); Hornbrook v. United States, 216 F.2d 112 (5th Cir. 1954). If a complaint only is pending in another district, Rule 20 may still be used. The person arrested, held, or present must state in writing that he or she wishes to plead guilty or nolo contendere, to waive venue and trial in the district in which the warrant was issued, and to consent to disposition of the case in the district where arrested, held, or present, subject to approval of the United States Attorney for each district. Upon filing the written waiver of venue in the district in which defendant is present, the prosecution may proceed as if venue were in such district, i.e., charges may be filed there.