MISDEMEANOR CASES (18 U.S.C. § 3402)
(a) Notice of Appeal; Service. A defendant may appeal a judgment of
conviction by a Magistrate Judge in a misdemeanor case by filing a notice of appeal with
the Clerk of the Court within fourteen (14) days after entry of the judgment, and by
serving a copy of the notice upon the United States Attorney. The scope of appeal shall
be the same as on an appeal from a judgment of the District Court to the Court of
Appeals.
(b) Record on Appeal. The record on appeal to a District Judge shall consist
of the original papers and exhibits filed with the Court and the transcript or tape
recording of proceedings before the Magistrate Judge, if any.
(c) Opening Memorandum. The appellant shall, within thirty (30) days of
the filing of the notice of appeal, file a typewritten memorandum with the Clerk of the
Court. The memorandum shall include the following: (1) a statement of the issues
presented for review and a statement of the nature of the case; (2) the course of
proceedings; and (3) its disposition. There shall follow a statement of the facts relevant
to the issues presented for review. The memorandum shall also include any argument
which shall contain the contentions of the appellant with respect to the issues presented,
and the reasons therefore, with citations to the authorities and statutes relied on. The
argument shall be followed by a short conclusion stating the precise relief sought.
(d) Answering Memorandum. The appellee shall file an answering
memorandum within twenty-one (21) days of the filing and service of the appellant's
memorandum. The memorandum shall follow a format similar to the appellant's
memorandum, except that a statement of the issues presented for review, a statement of
the case, and a conclusion shall be optional.
(e) Reply Memorandum. The appellant may file a reply memorandum within
fourteen (14) days of the date of service of the appellee's memorandum.
(f) Request for Oral Argument. Either party may request oral argument by
placing “Oral Argument Requested” immediately below the title of their memorandum.
If oral argument is granted, notice shall be given in a manner directed by the Court.
(g) Extension of Time Limits; Dismissal of Appeal. The Court may extend
the time limits set in this Local Rule upon a showing of good cause made by the party
requesting the extension. Such good cause may include reasonable delay in the
preparation of any necessary transcript. If an appellant fails to file a memorandum within
the time provided by this Local Rule, or an extension thereof, the Court may dismiss the
appeal.
F.R.Crim.P. 59. Matters Before a Magistrate Judge
(NO LOCAL RULE)
F.R.Crim.P. 60. Victim's Rights
(NO LOCAL RULE)
F.R.Crim.P. 61. Title
(NO LOCAL RULE)
