18 U.S.C. § 3731 — Appeal by United States

Page 877 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 3731 CHAPTER 233—CONTEMPTS Sec. 3691. Jury trial of criminal contempts. 3692. Jury trial for contempt in labor dispute cases. 3693. Summary disposition or jury trial; notice— Rule. § 3691. Jury trial of criminal contempts Whenever a contempt charged shall consist in willful disobedience of any lawful writ, process, order, rule, decree, or command of any district court of the United States by doing or omitting any act or thing in violation thereof, and the act or thing done or omitted also constitutes a criminal offense under any Act of Congress, or under the laws of any state in which it was done or omitted, the accused, upon demand therefor, shall be entitled to trial by a jury, which shall conform as near as may be to the practice in other criminal cases. This section shall not apply to contempts committed in the presence of the court, or so near thereto as to obstruct the administration of justice, nor to contempts committed in dis- obedience of any lawful writ, process, order, rule, decree, or command entered in any suit or action brought or prosecuted in the name of, or on behalf of, the United States. (June 25, 1948, ch. 645, 62 Stat. 844.) HISTORICAL AND REVISION NOTES Based on sections 386, 389 of title 28, U.S.C., 1940 ed., Judicial Code and Judiciary (Oct. 15, 1914, ch. 323, §§ 21, 24, 38 Stat. 738, 739). The first paragraph of this section is completely re- written from section 386 of title 28, U.S.C., 1940 ed., Ju- dicial Code and Judiciary, omitting everything covered and superseded by rules 23 and 42 of the Federal Rules of Criminal Procedure. The second paragraph of this section is derived from section 389 of title 28, U.S.C., 1940 ed., Judicial Code and Judiciary, omitting directions as to the trial of other contempts which are now covered by rule 42 of the Fed- eral Rules of Criminal Procedure. Minor changes were made in phraseology. § 3692. Jury trial for contempt in labor dispute cases In all cases of contempt arising under the laws of the United States governing the issuance of injunctions or restraining orders in any case in- volving or growing out of a labor dispute, the accused shall enjoy the right to a speedy and public trial by an impartial jury of the State and district wherein the contempt shall have been committed. This section shall not apply to contempts committed in the presence of the court or so near thereto as to interfere directly with the ad- ministration of justice nor to the misbehavior, misconduct, or disobedience of any officer of the court in respect to the writs, orders or process of the court. (June 25, 1948, ch. 645, 62 Stat. 844.) HISTORICAL AND REVISION NOTES Based on section 111 of Title 29, U.S.C., 1940 ed., Labor (Mar. 23, 1932, ch. 90, § 11, 47 Stat. 72). The phrase ‘‘or the District of Columbia arising under the laws of the United States governing the issuance of injunctions or restraining orders in any case involving or growing out of a labor dispute’’ was inserted and the reference to specific sections of the Norris-LaGuardia Act (sections 101–115 of Title 29, U.S.C., 1940 ed.) were eliminated. Statutory Notes and Related Subsidiaries TAFT-HARTLEY INJUNCTIONS Former section 111 of Title 29, Labor, upon which this section is based, as inapplicable to injunctions issued under the Taft-Hartley Act, see section 178 of Title 29. § 3693. Summary disposition or jury trial; no- tice—(Rule) SEE FEDERAL RULES OF CRIMINAL PROCEDURE Summary punishment; certificate of judge; order; no- tice; jury trial; bail; disqualification of judge, Rule 42. (June 25, 1948, ch. 645, 62 Stat. 844.) CHAPTER 235—APPEAL Sec. 3731. Appeal by United States. 3732. Taking of appeal; notice; time—Rule. 3733. Assignment of errors—Rule. 3734. Bill of exceptions abolished—Rule. 3735. Bail on appeal or certiorari—Rule. 3736. Certiorari—Rule. 3737. Record—Rule. 3738. Docketing appeal and record—Rule. 3739. Supervision—Rule. 3740. Argument—Rule. 3741. Harmless error and plain error—Rule. 3742. Review of a sentence. Editorial Notes AMENDMENTS 1984—Pub. L. 98–473, title II, § 213(b), Oct. 12, 1984, 98 Stat. 2013, added item 3742. § 3731. Appeal by United States In a criminal case an appeal by the United States shall lie to a court of appeals from a deci- sion, judgment, or order of a district court dis- missing an indictment or information or grant- ing a new trial after verdict or judgment, as to any one or more counts, or any part thereof, ex- cept that no appeal shall lie where the double jeopardy clause of the United States Constitu- tion prohibits further prosecution. An appeal by the United States shall lie to a court of appeals from a decision or order of a district court suppressing or excluding evidence or requiring the return of seized property in a criminal proceeding, not made after the defend- ant has been put in jeopardy and before the ver- dict or finding on an indictment or information, if the United States attorney certifies to the district court that the appeal is not taken for purpose of delay and that the evidence is a sub- stantial proof of a fact material in the pro- ceeding. An appeal by the United States shall lie to a court of appeals from a decision or order, en- tered by a district court of the United States, granting the release of a person charged with or convicted of an offense, or denying a motion for revocation of, or modification of the conditions of, a decision or order granting release. The appeal in all such cases shall be taken within thirty days after the decision, judgment Page 878 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 3732 or order has been rendered and shall be dili- gently prosecuted. The provisions of this section shall be lib- erally construed to effectuate its purposes. (June 25, 1948, ch. 645, 62 Stat. 844; May 24, 1949, ch. 139, § 58, 63 Stat. 97; Pub. L. 90–351, title VIII, § 1301, June 19, 1968, 82 Stat. 237; Pub. L. 91–644, title III, § 14(a), Jan. 2, 1971, 84 Stat. 1890; Pub. L. 98–473, title II, §§ 205, 1206, Oct. 12, 1984, 98 Stat. 1986, 2153; Pub. L. 99–646, § 32, Nov. 10, 1986, 100 Stat. 3598; Pub. L. 103–322, title XXXIII, § 330008(4), Sept. 13, 1994, 108 Stat. 2142; Pub. L. 107–273, div. B, title III, § 3004, Nov. 2, 2002, 116 Stat. 1805.) HISTORICAL AND REVISION NOTES 1948 ACT Based on title 18, U.S.C., 1940 ed., § 682 (Mar. 2, 1907, ch. 2564, 34 Stat. 1246; Mar. 3, 1911, ch. 231, § 291, 36 Stat. 1167; Jan. 31, 1928, ch. 14, § 1, 45 Stat. 54; May 9, 1942, ch. 295, § 1, 56 Stat. 271). The word ‘‘dismissing’’ was substituted for ‘‘sus- taining a motion to dismiss’’ in two places for concise- ness and clarity, there being no difference in effect of a decision of dismissal whether made on motion or by the court sua sponte. Minor changes were made to conform to Rule 12 of the Federal Rules of Criminal Procedure. The final sen- tence authorizing promulgation of rules is omitted as redundant. 1949 ACT This section [section 58] corrects a typographical error in the second paragraph of section 3731 of title 18, U.S.C., and conforms the language of the fifth, tenth, and eleventh paragraphs of such section 3731 with the changed nomenclature of title 28, U.S.C., Judiciary and Judicial Procedure. See sections 41, 43, and 451 of the latter title. Editorial Notes AMENDMENTS 2002—First par. Pub. L. 107–273 inserted ‘‘, or any part thereof’’ after ‘‘as to any one or more counts’’. 1994—Second par. Pub. L. 103–322 substituted ‘‘order of a district court’’ for ‘‘order of a district courts’’. 1986—Fifth par. Pub. L. 99–646 struck out fifth par. which read as follows: ‘‘Pending the prosecution and determination of the appeal in the foregoing instances, the defendant shall be released in accordance with chapter 207 of this title.’’ 1984—First par. Pub. L. 98–473, § 1206, inserted ‘‘or granting a new trial after verdict or judgment,’’ after ‘‘indictment or information’’. Third par. Pub. L. 98–473, § 205, inserted third par. re- lating to appeals from a decision or order, entered by a district court of the United States, granting the re- lease of a person charged with or convicted of an of- fense, or denying a motion for revocation of, or modi- fication of the conditions of, a decision or order grant- ing release. 1971—First par. Pub. L. 91–644, § 14(a)(1), enacted pro- vision for appeal to a court of appeals from decision, judgment, or order of district court dismissing an in- dictment or information as to any one or more counts, except that no appeal shall lie where double jeopardy prohibits further prosecution. Second par. Pub. L. 91–644, § 14(a)(1), enacted provi- sion for appeal to a court of appeals from decision or order of district court suppressing or excluding evi- dence or requiring the return of seized property in a criminal proceeding, not made after the defendant has been put in jeopardy and before the verdict or finding on an indictment or information, if the United States attorney certifies to the district court that the appeal is not taken for purpose of delay and that the evidence is a substantial proof of a fact material in the pro- ceeding. Such first and second pars. superseded former first eight pars. Pars. one through four had provided for ap- peal from district courts to Supreme Court from deci- sion or judgment setting aside, or dismissing any in- dictment or information, or any count thereof and from decision arresting judgment of conviction for insuffi- ciency of indictment or information, where such deci- sion or judgment was based upon invalidity or con- struction of the statute upon which the indictment or information was founded and for an appeal from deci- sion or judgment sustaining a motion in bar, where de- fendant had not been put in jeopardy. Pars. five through eight provided for appeal from district courts to a court of appeals where there were no provisions for direct appeal to Supreme Court from decision or judg- ment setting aside, or dismissing any indictment or in- formation, or any count thereof and from decision ar- resting a judgment of conviction, and from an order, granting a motion for return of seized property or a motion to suppress evidence, made before trial of a per- son charged with violation of a Federal law, if the United States attorney certified to the judge who granted the motion that the appeal was not taken for purpose of delay and that the evidence was a substan- tial proof of the charge pending against the defendant. Third par. Pub. L. 91–644, § 14(a)(2), authorized within third par., formerly ninth, an appeal within thirty days after order has been rendered. Fourth par. Pub. L. 91–644, § 14(a), in revising the pro- visions, had the effect of designating former tenth par. as fourth par. Fifth par. Pub. L. 91–644, § 14(a)(3), substituted as a fifth par. provision for liberal construction of this sec- tion for prior eleventh par. provision respecting remand of case by Supreme Court to court of appeals that should have been taken to such court and treatment of the court’s jurisdiction to hear and determine the case as if the appeal were so taken in the first instance and for prior twelfth par. provision respecting certification of case to Supreme Court that should have been taken directly to such Court and treatment of the Court’s ju- risdiction to hear and determine the case as if the ap- peal were taken directly to such Court. 1968—Pub. L. 90–351 inserted eighth par. providing for an appeal by the United States from decisions sus- taining motions to suppress evidence and substituted in tenth par. ‘‘defendant shall be released in accordance with chapter 207 of this title’’ for ‘‘defendant shall be admitted to bail on his own recognizance’’, respec- tively. 1949—Act May 24, 1949, substituted ‘‘invalidity’’ for ‘‘validity’’ after ‘‘upon the’’ in second par., and con- formed language of fifth, tenth, and eleventh pars. to the changed nomenclature of the courts. Statutory Notes and Related Subsidiaries SAVINGS PROVISION Pub. L. 91–644, title III, § 14(b), Jan. 2, 1971, 84 Stat. 1890, provided that: ‘‘The amendments made by this section [amending this section] shall not apply with re- spect to any criminal case begun in any district court before the effective date of this section [Jan. 2, 1971].’’ § 3732. Taking of appeal; notice; time—(Rule) SEE FEDERAL RULES OF CRIMINAL PROCEDURE Taking appeal; notice, contents, signing; time, Rule 37(a). (June 25, 1948, ch. 645, 62 Stat. 845.) Editorial Notes REFERENCES IN TEXT Rule 37 of the Federal Rules of Criminal Procedure was abrogated Dec. 4, 1967, eff. July 1, 1968, and is cov-