18 U.S.C. § 3402 — Rules of procedure, practice and appeal 1

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—Subsec. (e). Pub. L. 85–508 struck out provisions which related to commissioners appointed for Alaska. See section 81A of Title 28, Judiciary and Judicial Pro- cedure, which establishes a United States District Court for the State of Alaska. Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘United States magistrate judge’’, ‘‘magistrate judge’’, and ‘‘magistrate judges’’ substituted for ‘‘United States magistrate’’, ‘‘magistrate’’, and ‘‘mag- istrates’’, respectively, in subsecs. (a), (c), (e), and (f), and ‘‘magistrate judge under’’ substituted for ‘‘mag- istrate under’’ in subsec. (d), pursuant to section 321 of Pub. L. 101–650, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure. EFFECTIVE DATE OF 1992 AMENDMENT Amendment by Pub. L. 102–572 effective Jan. 1, 1993, see section 1101 of Pub. L. 102–572, set out as a note under section 905 of Title 2, The Congress. EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98–473 effective Nov. 1, 1987, and applicable only to offenses committed after the taking effect of such amendment, see section 235(a)(1) of Pub. L. 98–473, set out as an Effective Date note under section 3551 of this title. EFFECTIVE DATE OF 1968 AMENDMENT Amendment by Pub. L. 90–578 effective Oct. 17, 1968, except when a later effective date is applicable, which is the earlier of date when implementation of amend- ment by appointment of magistrates [now United States magistrate judges] and assumption of office takes place or third anniversary of enactment of Pub. L. 90–578 on Oct. 17, 1968, see section 403 of Pub. L. 90–578, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure. EFFECTIVE DATE OF 1958 AMENDMENT Amendment by Pub. L. 85–508 effective Jan. 3, 1959, on admission of Alaska into the Union pursuant to Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat. c16, as required by sections 1 and 8(c) of Pub. L. 85–508, see notes set out under section 81A of Title 28, Judiciary and Judicial Procedure, and preceding former section 21 of Title 48, Territories and Insular Possessions. § 3402. Rules of procedure, practice and appeal 1 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. (June 25, 1948, ch. 645, 62 Stat. 831; Pub. L. 90–578, title III, § 302(b), Oct. 17, 1968, 82 Stat. 1116; Pub. L. 100–702, title IV, § 404(b)(2), Nov. 19, 1988, 102 Stat. 4651; Pub. L. 101–650, title III, § 321, Dec. 1, 1990, 104 Stat. 5117.) HISTORICAL AND REVISION NOTES Based on title 18 U.S.C., 1940 ed., § 576a (Oct. 9, 1940, ch. 685, § 2, 54 Stat. 1059). Editorial Notes AMENDMENTS 1988—Pub. L. 100–702 struck out second par. which read as follows: ‘‘The Supreme Court shall prescribe rules of procedure and practice for the trial of cases be- fore magistrates and for taking and hearing of appeals to the judges of the district courts of the United States.’’ 1968—Pub. L. 90–578 provided that the appeal shall be of right, substituted ‘‘a United States magistrate’’, ‘‘magistrate’’, and ‘‘magistrates’’ for ‘‘United States commissioners’’, ‘‘commissioner’’, and ‘‘commis- sioners’’, respectively, and provided that the appeals be to the judge of the district court and not to the district court and that the rules of the Supreme Court relate to appeals to the judges of the district courts rather than to the district courts. Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘United States magistrate judge’’ and ‘‘magistrate judge’’ substituted for ‘‘United States magistrate’’ and ‘‘magistrate’’, respectively, in text pursuant to section 321 of Pub. L. 101–650, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure. EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100–702 effective Dec. 1, 1988, see section 407 of Pub. L. 100–702, set out as a note under section 2071 of Title 28, Judiciary and Judicial Procedure. EFFECTIVE DATE OF 1968 AMENDMENT Amendment by Pub. L. 90–578 effective Oct. 17, 1968, except when a later effective date is applicable, which is the earlier of date when implementation of amend- ment by appointment of magistrates [now United States magistrate judges] and assumption of office takes place or third anniversary of enactment of Pub. L. 90–578 on Oct. 17, 1968, see section 403 of Pub. L. 90–578, set out as a note under section 631 of title 28, Ju- diciary and Judicial Procedure. CHAPTER 221—ARRAIGNMENT, PLEAS AND TRIAL Sec. 3431. Term of court; power of court unaffected by expiration—Rule. 3432. Indictment and list of jurors and witnesses for prisoner in capital cases. 3433. Arraignment—Rule.