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U.S. Code as of:
01/19/04
Section 4106A. Transfer of offenders on parole; parole of offenders transferred
(a) Upon the receipt of an offender who is on parole from the
authorities of a foreign country, the Attorney General shall assign
the offender to the United States Parole Commission for
supervision.
(b)(1)(A) The United States Parole Commission shall, without
unnecessary delay, determine a release date and a period and
conditions of supervised release for an offender transferred to the
United States to serve a sentence of imprisonment, as though the
offender were convicted in a United States district court of a
similar offense.
(B) In making such determination, the United States Parole
Commission shall consider -
(i) any recommendation of the United States Probation Service,
including any recommendation as to the applicable guideline
range; and
(ii) any documents provided by the transferring country;
relating to that offender.
(C) The combined periods of imprisonment and supervised release
that result from such determination shall not exceed the term of
imprisonment imposed by the foreign court on that offender.
(D) The duties conferred on a United States probation officer
with respect to a defendant by section 3552 of this title shall,
with respect to an offender so transferred, be carried out by the
United States Probation Service.
(2)(A) A determination by the United States Parole Commission
under this subsection may be appealed to the United States court of
appeals for the circuit in which the offender is imprisoned at the
time of the determination of such Commission. Notice of appeal must
be filed not later than 45 days after receipt of notice of such
determination.
(B) The court of appeals shall decide and dispose of the appeal
in accordance with section 3742 of this title as though the
determination appealed had been a sentence imposed by a United
States district court.
(3) During the supervised release of an offender under this
subsection, the United States district court for the district in
which the offender resides shall supervise the offender.
(c) This section shall apply only to offenses committed on or
after November 1, 1987.
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