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18 U.S.C. § 3402 — Rules of procedure, practice and appeal 11 Section catchline was not amended to conform to change made in text by Pub. L. 100–702.
Federal law — U.S. Code and appendices · legal_authorities
In all cases of conviction by a United States magistrate judge an appeal of right shall lie from the judgment of the magistrate judge to a judge of the district court of the district in which the offense was committed.
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Source file: Laws/federal/codes/united-states-code/title-18/section-3402-rules-of-procedure-practice-and-appeal-11-section-catchline-was-not-amen--c99f6d8ccc.md
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Source location: Title 18, Chapter 219, § 3402; chapter-219-trial-by-united-states-magistrate-judges.md
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In all cases of conviction by a United States magistrate judge an appeal of right shall lie from the judgment of the magistrate judge to a judge of the district court of the district in which the offense was committed.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Supreme Court and all courts established by Act of Congress may from time to time prescribe rules for the conduct of their business. Such rules shall be consistent with Acts of Congress and rules of practice and procedure prescribed under [section 2072 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section2072&num=0&edition=prelim).
**(b)** Any rule prescribed by a court, other than the Supreme Court, under subsection (a) shall be prescribed only after giving appropriate public notice and an opportunity for comment. Such rule shall take effect upon the date specified by the prescribing court and shall have such effect on pending proceedings as the prescribing court may order.
**(c)**
(1) A rule of a district court prescribed under subsection (a) shall remain in effect unless modified or abrogated by the judicial council of the relevant circuit.
(2) Any other rule prescribed by a court other than the Supreme Court under subsection (a) shall remain in effect unless modified or abrogated by the Judicial Conference.
**(d)** Copies of rules prescribed under subsection (a) by a district court shall be furnished to the judicial council, and copies of all rules prescribed by a court other than the Supreme Court under subsection (a) shall be furnished to the Director of the Administrative Office of the United States Courts and made available to the public.
**(e)** If the prescribing court determines that there is an immediate need for a rule, such court may proceed under this section without public notice and opportunity for comment, but such court shall promptly thereafter afford such notice and opportunity for comment.
**(f)** No rule may be prescribed by a district court other than under this section.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The judges of each United States district court and the district courts of the Virgin Islands, Guam, and the Northern Mariana Islands shall appoint United States magistrate judges in such numbers and to serve at such locations within the judicial districts as the Judicial Conference may determine under this chapter. In the case of a magistrate judge appointed by the district court of the Virgin Islands, Guam, or the Northern Mariana Islands, this chapter shall apply as though the court appointing such a magistrate judge were a United States district court. Where there is more than one judge of a district court, the appointment, whether an original appointment or a reappointment, shall be by the concurrence of a majority of all the judges of such district court, and when there is no such concurrence, then by the chief judge. Where the conference deems it desirable, a magistrate judge may be designated to serve in one or more districts adjoining the district for which he is appointed. Such a designation shall be made by the concurrence of a majority of the judges of each of the district courts involved and shall specify the duties to be performed by the magistrate judge in the adjoining district or districts.
**(b)** No individual may be appointed or reappointed to serve as a magistrate judge under this chapter unless:
(1) He has been for at least five years a member in good standing of the bar of the highest court of a State, the District of Columbia, the Commonwealth of Puerto Rico, the Territory of Guam, the Commonwealth of the Northern Mariana Islands, or the Virgin Islands of the United States, except that an individual who does not meet the bar membership requirements of this paragraph may be appointed and serve as a part-time magistrate judge if the appo
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Each United States magistrate judge serving under this chapter shall have within the district in which sessions are held by the court that appointed the magistrate judge, at other places where that court may function, and elsewhere as authorized by law—
(1) all powers and duties conferred or imposed upon United States commissioners by law or by the Rules of Criminal Procedure for the United States District Courts;
(2) the power to administer oaths and affirmations, issue orders pursuant to [section 3142 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section3142&num=0&edition=prelim) concerning release or detention of persons pending trial, and take acknowledgements, affidavits, and depositions;
(3) the power to conduct trials under section 3401, title 18, United States Code, in conformity with and subject to the limitations of that section;
(4) the power to enter a sentence for a petty offense; and
(5) the power to enter a sentence for a class A misdemeanor in a case in which the parties have consented.
**(b)**
(1) Notwithstanding any provision of law to the contrary—
(A) a judge may designate a magistrate judge to hear and determine any pretrial matter pending before the court, except a motion for injunctive relief, for judgment on the pleadings, for summary judgment, to dismiss or quash an indictment or information made by the defendant, to suppress evidence in a criminal case, to dismiss or to permit maintenance of a class action, to dismiss for failure to state a claim upon which relief can be granted, and to involuntarily dismiss an action. A judge of the court may reconsider any pretrial matter under this subparagraph (A) where it has been shown that the magistrate judge’s order is clearly erroneous or contrary
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Federal law — U.S. Code and appendices · legal_authorities
Page 767
TITLE 18—CRIMES AND CRIMINAL PROCEDURE
§ 3402
1 Section catchline was not amended to conform to change
made in text by Pub. L. 100–702.
in which the offense was committed, and required an
explanation to be given of right to trial before a dis-
trict court judge with right to jury trial before such
judge and that the written consent to trial before the
magistrate specifically waive trial before the district
court judge and any right to a jury trial.
Subsec. (c). Pub. L. 90–578 substituted authorization
for magistrate to conduct presentence investigation for
prior provisions making probation laws applicable to
persons tried by commissioners having power to grant
probation, now incorporated in subsec. (d) of this sec-
tion.
Subsec. (d). Pub. L. 90–578 incorporated existing pro-
visions of former subsec. (c) of this section in provi-
sions designated as subsec. (d), substituted ‘‘mag-
istrate’’ for ‘‘commissioner’’, authorized revocation or
reinstatement of probation by the officer granting the
probation, and struck out former provision for receipt
of fees provided by law for services as a commissioner.
Subsec. (e). Pub. L. 90–578 substituted requirement
that proceedings before magistrates be taken down by
a court reporter or recorded by sound recording equip-
ment and provision for availability of a copy of the
record of such proceedings for appeal purposes to be
paid by the Director at Federal expense when a person
is unable to pay or give security therefor for prior pro-
visions making the section inapplicable to the District
of Columbia and interpreting it as not repealing or lim-
iting existing jurisdiction, power or authority of com-
missioners appointed in the several national parks.
Subsec. (f). Pub. L. 90–578 added subsec. (f).
1958
Source: Supplied 2024 U.S. Code historical extraction · 18 U.S.C. § 3402
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