district is requested by any state authority, the marshal will only surrender custody of such
defendant if authorized to do so by the United States district judge to whom the defendant's case
has been assigned for trial or other disposition. In the absence of an emergency request, the
authorization shall be requested by the following procedure:
(A) The requesting state must deliver to the marshal a specific writ signed by
the judge of a court of competent jurisdiction. Such writ shall include an
express direction that the defendant will be promptly returned to the
marshal at the state’s expense upon conclusion of the matter for which the
defendant is sought. A counterpart order signed by a United States district
judge as to whether the state writ will be honored shall be submitted as
well.
(B) The marshal shall notify both the United States Attorney and the
defendant's counsel of the request and allow each a period of seven (7)
days in which to consent or object. The seven-day (7-day) period may be
waived.
(C) The appropriate United States district judge will determine whether the
state's request will be granted, deferred, or denied. In so doing, the court
shall consider the Speedy Trial Act, the Interstate Agreement on Detainers,
and any other relevant factors. If the district judge determines to honor the
state's request, the order shall so indicate.
