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Criminal Resource Manual

738. Sample Form Used by the IPTU to Obtain the Views of the United States Attorneys' Offices

To: [Name], Assistant U.S. Attorney
From: [Name of IPTU Analyst]
International Prisoner Transfer Unit
Office of Enforcement Operations, Criminal Division
[Analyst Email Address]
Phone: 202-514-1913

This is a request for information and comment regarding the inmate indicated below. The inmate is a foreign national who has requested a transfer to his/her home country. Legislation authorizing transfers pursuant to treaty is found at 18 U.S.C. § 4100 et seq. Please email your response to me as soon as possible. FAILURE TO RESPOND OR REQUEST AN EXTENSION WITHIN 14 CALENDAR DAYS WILL BE TREATED AS EITHER TAKING NO POSITION OR HAVING NO OBJECTION TO THE TRANSFER. Thank you for your comments and assistance.

Name:   Register no.:
Date of Birth: ICE no.: Transfer to:
Birth place: Current Location: Offense:
Date of arrest: Sentence: Docket no.:
Sentence date: Projected Release Date: FBI no.:

Re: [CASE NAME IN BOLD] Register No.: [NUMBER]

Please check the appropriate boxes and respond to the following questions about the transfer applicant and your position on the transfer:

I. Background Information
[   ] This prisoner has a pending appeal or collateral attack on the underlying conviction or sentence.
[   ] There is a trial pending for this inmate.
[   ] There are future charges anticipated for this inmate;
[   ] Fugitives are associated with this inmate and the likelihood of apprehension is:
  [   ] excellent [   ] fair [   ] poor
  and the testimony of this inmate in further proceedings against these fugitives is:
  [   ] crucial [   ] helpful [   ] of marginal value
[   ] The inmate's testimony is needed for:



and it is anticipated that the inmate needs to be available for the next ___ months.

II. USAO Agreements or Representations Regarding Transfer

Did the USAO, by plea agreement or otherwise, take a position on a future transfer request by this inmate? If yes, please provide the relevant details and a copy of the pertinent sections of the plea agreement.

[   ] NO
[   ] YES _________________________________________________________
III. USAO Position on the Transfer Request
[   ] This office SUPPORTS the transfer of this inmate for continued service of his/her sentence in his/her home country pursuant to an international prisoner transfer treaty.
[   ] This office TAKES NO POSITION on this request.
[   ] This office OPPOSES the transfer of this inmate for the following reasons:



If opposed to the transfer:

[   ] This office has no objection to the International Prisoner Transfer Unit (IPTU) disclosing to the inmate the reason why we oppose his/her transfer.
[   ] This office prefers, to the extent possible by law, that the IPTU not disclose to the inmate this response opposing a transfer for the following reason(s):


Printed Name
[updated and renumbered March 2012] [cited in USAM 9-35.010; Criminal Resource Manual 737]