Judge.
(a) Notice of Appeal. Pursuant to 18 U.S.C. § 3402 and
Fed. R. Crim. P. 58(g)(2), 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.
(b) Record. The record on appeal shall consist of the
original papers and exhibits filed with the court, the mechanical
or stenographic recording of the proceedings, and a certified
copy of the docket entries. A transcript, if desired, shall be
ordered as prescribed by Fed. R. App. P. 10(b).
Within thirty-five (35) 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.
(c) Assignment to a District Judge. The clerk at the time
of filing of the notice of appeal shall assign the appeal to a
district judge in the same manner as any indictment and shall
notify the parties of the filing of the record and of the time
for filing of briefs in accordance with this rule.
(d) Abbreviated Appeals. An "abbreviated appeal" may be
taken, if elected by the appellant and approved by the district
judge, in which case the appeal will be considered without
briefs. In the case of an abbreviated appeal, the appellant
shall make an election to proceed by abbreviated appeal at the
time of filing notice of appeal and may do so by including the
election as part of the notice.
(e) Briefs. When the appellant has not elected to proceed
without briefs by an "abbreviated appeal," 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 brief of
the appellee. 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.
(f) Notice of Hearing. Oral argument may be scheduled by
order of the court.
