1994 US Code
Title 18 - CRIMES AND CRIMINAL PROCEDURE
PART II - CRIMINAL PROCEDURE
CHAPTER 219 - TRIAL BY UNITED STATES MAGISTRATES
Sec. 3402 - Rules of procedure, practice and appeal1
View MetadataPublication Title | United States Code, 1994 Edition, Title 18 - CRIMES AND CRIMINAL PROCEDURE |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 18 - CRIMES AND CRIMINAL PROCEDURE PART II - CRIMINAL PROCEDURE CHAPTER 219 - TRIAL BY UNITED STATES MAGISTRATES Sec. 3402 - Rules of procedure, practice and appeal1 |
Contains | section 3402 |
Date | 1994 |
Laws in Effect as of Date | January 4, 1995 |
Positive Law | Yes |
Disposition | standard |
Source Credit | June 25, 1948, ch. 645, 62 Stat. 831; Oct. 17, 1968, Pub. L. 90-578, title III, §302(b), 82 Stat. 1116; Nov. 19, 1988, Pub. L. 100-702, title IV, §404(b)(2), 102 Stat. 4651. |
Statutes at Large References | 54 Stat. 1059 62 Stat. 831 82 Stat. 1116 102 Stat. 4651 |
Public Law References | Public Law 90-578, Public Law 100-702, Public Law 101-650 |
§3402. Rules of procedure, practice and appeal 1
In all cases of conviction by a United States magistrate 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.
(June 25, 1948, ch. 645, 62 Stat. 831; Oct. 17, 1968, Pub. L. 90–578, title III, §302(b), 82 Stat. 1116; Nov. 19, 1988, Pub. L. 100–702, title IV, §404(b)(2), 102 Stat. 4651.)
Historical and Revision NotesBased on title 18 U.S.C., 1940 ed., §576a (Oct. 9, 1940, ch. 685, §2, 54 Stat. 1059).
Amendments1988—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.
Change of NameReference to United States magistrate or to magistrate deemed to refer to United States magistrate judge 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 AmendmentAmendment 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 AmendmentAmendment 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 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 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.
Federal Rules of Criminal ProcedureProceedings involving misdemeanors and other petty offenses, see rule 58.
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