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.
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.
Notes of Decisions
Cited in 191
cases (11 in the last 5 years), 1963–2026 · leading case: United States v. Pilati
United States v. Pilati (2010)
“Pilati appealed to the district court, pursuant to 18 U.S.C. § 3402 , raising only one issue: “Was it error for the court to order [Pilati] to register as a sex offender under the facts of this case?” Pilati’s argument was twofold, focusing on the victim’s age.”
United States v. Wasylyshyn (2020)
“” See also 18 U.S.C. § 3402 (“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.”
Gomez v. United States (1989)
“18 U. S. C. § 3402 . 20 Whereas the 1968 Act had excluded certain minor offenses from the magistrate’s jurisdiction, the 1979 amendments relaxed this requirement, providing: “The district court may order that proceedings in any misdemeanor case be conducted before a district…”
Salt Lake City v. Ohms (1994)
“Third, under the federal magistrate system, a defendant must appeal the matter heard by the magistrate to the district court prior to appealing to a United States court of appeals.”
United States v. Marcavage (2010)
“§ 3231 and 18 U.S.C. § 3402 , and we have jurisdiction under 28 U.”
United States v. Sheehan (2008)
“Appellant appealed her conviction to the District Court pursuant to 18 U.S.C. § 3402 (“an appeal of right shall lie from the judgment of the magistrate to a judge of the district court of the district in which the offense was committed”) and Federal Rule of Criminal Procedure…”
United States v. Altigraci Rosario (1997)
“Rosario then appealed the magistrate judge’s decision to the district court pursuant to 18 U.S.C. § 3402 . 5 The district court affirmed Rosario’s conviction and sentence in all respects.”
United States v. Fields (2007)
“NOTES [1] The magistrate judge found that Holland was "taking measures to hide her whereabouts." [2] Fields consented to be tried by a magistrate judge without a jury.”
United States v. Oscar Chavez-Diaz (2020)
“Chavez-Diaz appealed under 18 U.S.C. § 3402 , which allows appeals to the district court upon conviction by a magistrate judge.”
United States v. Austin Carey (2019)
“See 18 U.S.C. § 3402 (“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.”
In Re Extradition of Curtis Andrew Howard. United States of America v. Curtis Andrew Howard (1993)
“1990) (holding that, in the absence of an express provision prohibiting successive appeals, the criminal misdemeanor statute, 18 U.S.C. § 3402 (1988),' permits them); United States v.”
United States v. Rafique Aslam (1991)
“Aslam appealed to the District Court, pursuant to 18 U.S.C. § 3402 (1988). Judge Cholakis ruled that, though the evidence probably would have supported conviction under the felony provision of 8 U.”
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