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18 U.S.C. § 3145 — Review and appeal of a release or detention order
Federal law — U.S. Code and appendices · legal_authorities
**(a) Review of a Release Order.—** If a person is ordered released by a magistrate judge, or by a person other than a judge of a court having original jurisdiction over the offense and other than a Federal appellate court—
(1) the attorney for the Government may file, with the court having original jurisdiction over the offense, a motion for revocation of the order or amendment of the conditions of release; and
(2) the person may file, with the court having original jurisdiction over the offense, a motion for amendment of the conditions of release.
The motion shall be determined promptly.
**(b) Review of a Detention Order.—** If a person is ordered detained by a magistrate judge, or by a person other than a judge of a court having original jurisdiction over the offense and other than a Federal appellate court, the person may file, with the court having original jurisdiction over the offense, a motion for revocation or amendment of the order. The motion shall be determined promptly.
**(c) Appeal From a Release or Detention Order.—** An appeal from a release or detention order, or from a decision denying revocation or amendment of such an order, is governed by the provisions of [section 1291 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1291&num=0&edition=prelim) and [section 3731 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section3731&num=0&edition=prelim). The appeal shall be determined promptly. A person subject to detention pursuant to section 3143(a)(2) or (b)(2), and who meets the conditions of release set forth in section 3143(a)(1) or (b)(1), may be ordered released, under appropriate conditions, by the judicial officer, if it is clearly shown that there are exceptional reasons
Source: Supplied U.S. Code snapshot — release unconfirmed · 18 U.S.C. § 3145
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Stable record: federal_law:legal_authorities:record_usc_bd7926a591913825ca53a9fd
Source file: Laws/federal/codes/united-states-code/title-18/section-3145-review-and-appeal-of-a-release-or-detention-order--62dadbe70f.md
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Passage SHA-256: 6f82ac8144719a74ed31cc543909f5a469fbe1a76c6039e12d699c4807ee625b
Source location: Title 18, Chapter 207, § 3145; chapter-207-release-and-detention-pending-judicial-proceedings.md
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**(a) Review of a Release Order.—** If a person is ordered released by a magistrate judge, or by a person other than a judge of a court having original jurisdiction over the offense and other than a Federal appellate court—
(1) the attorney for the Government may file, with the court having original jurisdiction over the offense, a motion for revocation of the order or amendment of the conditions of release; and
(2) the person may file, with the court having original jurisdiction over the offense, a motion for amendment of the conditions of release.
The motion shall be determined promptly.
**(b) Review of a Detention Order.—** If a person is ordered detained by a magistrate judge, or by a person other than a judge of a court having original jurisdiction over the offense and other than a Federal appellate court, the person may file, with the court having original jurisdiction over the offense, a motion for revocation or amendment of the order. The motion shall be determined promptly.
**(c) Appeal From a Release or Detention Order.—** An appeal from a release or detention order, or from a decision denying revocation or amendment of such an order, is governed by the provisions of [section 1291 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1291&num=0&edition=prelim) and [section 3731 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section3731&num=0&edition=prelim). The appeal shall be determined promptly. A person subject to detention pursuant to section 3143(a)(2) or (b)(2), and who meets the conditions of release set forth in section 3143(a)(1) or (b)(1), may be ordered released, under appropriate conditions, by the judicial officer, if it is clearly shown that there are exceptional reasons why such person’s detention would not be appropriate.
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Federal law — U.S. Code and appendices · legal_authorities
The courts of appeals (other than the United States Court of Appeals for the Federal Circuit) shall have jurisdiction of appeals from all final decisions of the district courts of the United States, the United States District Court for the District of the Canal Zone, the District Court of Guam, and the District Court of the Virgin Islands, except where a direct review may be had in the Supreme Court. The jurisdiction of the United States Court of Appeals for the Federal Circuit shall be limited to the jurisdiction described in sections 1292(c) and (d) and 1295 of this title.
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 1291
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Federal law — U.S. Code and appendices · legal_authorities
In a criminal case an appeal by the United States shall lie to a court of appeals from a decision, judgment, or order of a district court dismissing an indictment or information or granting a new trial after verdict or judgment, as to any one or more counts, or any part thereof, except that no appeal shall lie where the double jeopardy clause of the United States Constitution prohibits further prosecution.
Source: Supplied U.S. Code snapshot — release unconfirmed · 18 U.S.C. § 3731
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
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
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 631
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Federal law — U.S. Code and appendices · legal_authorities
Page 723
TITLE 18—CRIMES AND CRIMINAL PROCEDURE
§ 3146
§ 3144. Release or detention of a material witness
If it appears from an affidavit filed by a party
that the testimony of a person is material in a
criminal proceeding, and if it is shown that it
may become impracticable to secure the pres-
ence of the person by subpoena, a judicial officer
may order the arrest of the person and treat the
person in accordance with the provisions of sec-
tion 3142 of this title. No material witness may
be detained because of inability to comply with
any condition of release if the testimony of such
witness can adequately be secured by deposition,
and if further detention is not necessary to pre-
vent a failure of justice. Release of a material
witness may be delayed for a reasonable period
of time until the deposition of the witness can
be taken pursuant to the Federal Rules of
Criminal Procedure.
(Added Pub. L. 98–473, title II, § 203(a), Oct. 12,
1984, 98 Stat. 1982; amended Pub. L. 99–646, § 55(e),
Nov. 10, 1986, 100 Stat. 3609.)
Editorial Notes
REFERENCES IN TEXT
The Federal Rules of Criminal Procedure, referred to
in text, are set out in the Appendix to this title.
PRIOR PROVISIONS
A prior section 3144, act June 25, 1948, ch. 645, 62 Stat.
821, related to cases removed from State courts, prior
to repeal in the revision of this chapter by section
203(a) of Pub. L. 98–473.
AMENDMENTS
1986—Pub. L. 99–646 substituted ‘‘subpoena’’ for ‘‘sub-
pena’’ and inserted ‘‘of this title’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1986 AMENDMENT
Amendment by Pub. L. 99–646 effective 30 days after
Nov. 10, 1986, see section 55(j) of Pub. L. 99–646, set out
as a note under section 3141 of this title.
§ 3145. Review and appeal of a release or deten
Source: Supplied 2024 U.S. Code historical extraction · 18 U.S.C. § 3145
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.