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Title 18 — Crimes and Criminal Procedure

Part II · Chapter 219 — Trial by United States Magistrate Judges

§ 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.

Statutory text

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.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 80–645 · 62 Stat. 683

    Enacted · 18 U.S.C. § 3402

    June 25, 1948, ch. 645, 62 Stat. 831

    Source evidence

    Code source credit
    June 25, 1948, ch. 645, 62 Stat. 831

  2. Federal Magistrates Act

    Pub. L. 90–578 title III § 302(b) · 82 Stat. 1107

    Substituted · 18 U.S.C. § 3402

    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 “commissioners”, 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

    Source evidence

    Code amendment note
    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 “commissioners”, 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.

    Enacted provision · exact public law section
    (b) Section 3402, title 18, United States Code, is amended to read as follows: “§ 3402. Rules of procedure; practice and appeal “In all cases of conviction by a United States magistrate an appeal of right shall be from the judgment of the magistrate to a judge of the district court of the district in which the offense was committed. “The Supreme Court; shall prescribe rules of procedure and practice for the trial of cases before magistrates and for taking and hearing of appeals to the judges of the district courts of the United States.”

  3. Judicial Improvements and Access to Justice Act

    Pub. L. 100–702 title IV § 404(b)(2) · 102 Stat. 4642

    Struck · 18 U.S.C. § 3402

    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 before magistrates and for taking and hearing of appeals to the judges of the district courts of the United States.”

    Source evidence

    Code amendment note
    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 before magistrates and for taking and hearing of appeals to the judges of the district courts of the United States.”

    Enacted provision · exact public law section
    (2) Section 3402 of title 18, United States Code, is amended by striking out the second paragraph.

    Effective date note
    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.

2 of 3 references resolved to an enrolled provision · 1 partial

Notes

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

Amendments1968–1988 · 2 rounds

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 before 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 “commissioners”, 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 , 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 , except when a later effective date is applicable, which is the earlier of date when implementation of amendment 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 , see section 403 of Pub. L. 90–578, set out as a note under section 631 of title 28, Judiciary and Judicial Procedure.

Credits

1948–1990 · 4 acts
  1. 1948June 25, 1948, ch. 645, 62 Stat. 831
  2. 1968Pub. L. 90–578, title III, § 302(b), , 82 Stat. 1116
  3. 1988Pub. L. 100–702, title IV, § 404(b)(2), , 102 Stat. 4651
  4. 1990Pub. L. 101–650, title III, § 321, , 104 Stat. 5117.
Show as published

(June 25, 1948, ch. 645, 62 Stat. 831; Pub. L. 90–578, title III, § 302(b), , 82 Stat. 1116; Pub. L. 100–702, title IV, § 404(b)(2), , 102 Stat. 4651; Pub. L. 101–650, title III, § 321, , 104 Stat. 5117.)

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