(a) Subject to the limitation of 18 U.S.C. §3401, magistrate judges are specially designated to
try persons accused of, and sentence persons convicted of misdemeanor offenses
committed within this district. In addition, magistrate judges may dispose of
misdemeanor offenses which are transferred to this district under Federal Rule of
Criminal Procedure 20. A magistrate judge may direct the probation office to conduct a
presentence investigation of any person convicted of a Class A misdemeanor offense and,
pursuant to the deadlines set forth in CRLR 32, to render a report to the magistrate judge
Page 10 of 12
prior to the imposition of sentence.
(b) Appeal from Convictions in Misdemeanor Cases Before the Magistrate Judge.
(1) Notice of Appeal. Pursuant to 18 U.S.C. §3402 and Federal Rule of Criminal
Procedure 58(g)(2)(B), a defendant who has been convicted by a magistrate judge may
appeal to a district judge by filing a notice of appeal within fourteen (14) days after entry
of judgment.
(2) Record. A transcript, if desired, must be ordered except that, in the absence of a
reporter, the transcript must be ordered as directed by the Clerk of Court. Within thirty
(30) days after a transcript has been ordered, the original and one copy shall be filed with
the Clerk. All other documents and exhibits shall be held by the Clerk pending the
receipt of the transcript.
Upon receipt of the transcript, the record on appeal shall be deemed complete. If no
transcript is ordered within fourteen (14) days after the notice of appeal is filed, or if the
parties advise the clerk that no transcript will be ordered, the record on appeal shall be
deemed complete fourteen (14) days after the notice of appeal is filed.
(3) Assignment to District Judge. The Clerk at the time of filing of the notice of appeal
shall assign the appeal to a district judge and shall notify the parties of the filing of the
record and of the time for filing of briefs in accordance with this rule.
(4) Briefs. The appellant shall serve and file a brief within twenty-one (21) days after
the record on appeal is complete. The appellee shall serve and file a responsive brief
within twenty-one (21) days after service of the brief of the appellant. The appellant may
serve and file a reply brief within seven (7) days after service of the appellee’s brief.
Each brief shall not exceed twenty (20) pages in length unless otherwise ordered by the
court. These periods may be altered by order of the assigned district judge.
(5) Notice of Hearing. Oral argument may be scheduled at the discretion of the assigned
district judge.
