(a) Disposition of Misdemeanor Cases -- 18 U.S.C. § 3401.
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A magistrate judge may:
(1) try persons accused of, and sentence persons convicted of,
misdemeanors committed within this District in accordance with 18
U.S.C. § 3401;
(2) direct the probation service of the court to conduct a presentence
investigation in any misdemeanor case; and
(3) conduct a jury trial in any misdemeanor case where the defendant
so requests and is entitled to trial by jury under the Constitution and
laws of the United States.
(b) Appeal from Judgments in Misdemeanor Cases -- 18 U.S.C. § 3402.
A defendant may appeal a judgment of conviction by a magistrate judge in
a misdemeanor case by filing a notice of appeal and paying the filing fee as
set out in the District Court Miscellaneous Fee Schedule within 14 days
after entry of the judgment, and by serving a copy of the notice upon the
attorney for the government. The scope of appeal shall be the same as on an
appeal from a judgment of the district court to the court of appeals.
(1) Upon receipt of the notice of appeal, the clerk shall docket the appeal
and assign the case to a district judge.
(2) The record on appeal shall consist of the original papers and exhibits
filed in the proceedings before the magistrate judge and the record
of proceedings.
(3) Unless excused by order of the district judge, every appellant shall
be responsible for preparation of a typewritten transcript of the
proceedings before the magistrate judge from which an appeal has
been taken. Preparation of the transcript should be coordinated
with the clerk of court. A copy of the record of such proceedings
shall be made available at the expense of the court to a person who
establishes by affidavit the inability to pay or give security therefore.
(4) Within 21 days of the date on which the transcript is filed in the
clerk’s office, or if there is to be no transcript, within 21 days of the
filing of the notice of appeal, the appellant shall serve and file a
memorandum which shall enumerate each reversible error claimed
to have occurred in the proceedings before the magistrate judge and
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shall explain the factual and legal basis for each claimed error, with
citations to the record and to pertinent legal authorities, and any
objections to the transcript. Within 21 days of service of the
appellant’s memorandum, the appellee shall serve and file a
memorandum that responds to each claim of error, and any
objections to the transcript. The appellant may serve and file a
reply brief within 7 days of service of the appellee’s brief. All
memoranda shall conform to the requirements and length
restrictions of Local Criminal Rules 47.2 and 47.3. Reply briefs
shall be limited to 10 pages.
(5) The district judge to whom the appeal is assigned may hear oral
argument or may decide the appeal on the briefs. Requests for oral
argument shall be made at the time briefs are filed and shall be
granted at the discretion of the district judge.
