18 U.S.C. § 3402 - Rules of procedure, practice and appeal [1]

• Cite as: 18 U.S.C. § 3402

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.

¹ Section catchline was not amended to conform to change made in text by Pub. L. 100-702.

Cite as 18 U.S.C. § 3402

Source: June 25, 1948, ch. 645, 62 Stat. 831; Pub. L. 90-578, title III, §302(b), Oct. 17, 1968, 82 Stat. 1116; Pub. L. 100-702, title IV, §404(b)(2), Nov. 19, 1988, 102 Stat. 4651; Pub. L. 101-650, title III, §321, Dec. 1, 1990, 104 Stat. 5117.

Notes from the Office of Law Revision Counsel

current through 5/22/2023

HISTORICAL AND REVISION NOTES

Based on title 18 U.S.C., 1940 ed., §576a (Oct. 9, 1940, ch. 685, §2, 54 Stat. 1059).

EDITORIAL NOTES

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.