2011 US Code
Title 18 - Crimes and Criminal Procedure
Part II - CRIMINAL PROCEDURE (§§ 3001 - 3771)
Chapter 219 - TRIAL BY UNITED STATES MAGISTRATE JUDGES (§§ 3401 - 3402)
Section 3402 - Rules of procedure, practice and appeal1

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Metadata
Publication TitleUnited States Code, 2006 Edition, Supplement 5, Title 18 - CRIMES AND CRIMINAL PROCEDURE
CategoryBills and Statutes
CollectionUnited States Code
SuDoc Class NumberY 1.2/5:
Contained WithinTitle 18 - CRIMES AND CRIMINAL PROCEDURE
PART II - CRIMINAL PROCEDURE
CHAPTER 219 - TRIAL BY UNITED STATES MAGISTRATE JUDGES
Sec. 3402 - Rules of procedure, practice and appeal1
Containssection 3402
Date2011
Laws in Effect as of DateJanuary 3, 2012
Positive LawYes
Dispositionstandard
Source CreditJune 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.
Statutes at Large References54 Stat. 1059
62 Stat. 831
82 Stat. 1116
102 Stat. 4651
104 Stat. 5117
Public Law ReferencesPublic Law 90-578, Public Law 100-702, Public Law 101-650

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18 USC § 3402 (2011)
§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).

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 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 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 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.

1 Section catchline was not amended to conform to change made in text by Pub. L. 100–702.

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