§ 3402. — Rules of procedure, practice and appeal.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC3402]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART II--CRIMINAL PROCEDURE
CHAPTER 219--TRIAL BY UNITED STATES MAGISTRATE JUDGES
Sec. 3402. Rules of procedure, practice and appeal \1\
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\1\ Section catchline was not amended to conform to change made in
text by Pub. L. 100-702.
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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,
Sec. 302(b), Oct. 17, 1968, 82 Stat. 1116; Pub. L. 100-702, title IV,
Sec. 404(b)(2), Nov. 19, 1988, 102 Stat. 4651; Pub. L. 101-650, title
III, Sec. 321, Dec. 1, 1990, 104 Stat. 5117.)
Historical and Revision Notes
Based on title 18 U.S.C., 1940 ed., Sec. 576a (Oct. 9, 1940, ch.
685, Sec. 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.
