For any offense against the United States, the offender may, by any justice or judge of the United States, or by any United States magistrate judge, or by any chancellor, judge of a supreme or superior court, chief or first judge of the common pleas, mayor of a city, justice of the peace, or other magistrate, of any state where the offender may be found, and at the expense of the United States, be arrested and imprisoned or released as provided in chapter 207 of this title, as the case may be, for trial before such court of the United States as by law has cognizance of the offense. Copies of the process shall be returned as speedily as may be into the office of the clerk of such court, together with the recognizances of the witnesses for their appearances to testify in the case.
section 3142 of this titleA United States judge or magistrate judge shall proceed under this section according to rules promulgated by the Supreme Court of the United States. Any state judge or magistrate acting hereunder may proceed according to the usual mode of procedure of his state but his acts and orders shall have no effect beyond determining, pursuant to the provisions of , whether to detain or conditionally release the prisoner prior to trial or to discharge him from arrest.
June 25, 1948, ch. 645 62 Stat. 815 Pub. L. 89–465, § 5(a)80 Stat. 217 Pub. L. 90–578, title III, § 301(a)(1)82 Stat. 1115 Pub. L. 98–473, title II, § 204(a)98 Stat. 1985 Pub. L. 101–650, title III, § 321104 Stat. 5117 (, ; , , ; , (3), , ; , , ; , , .)
Historical and Revision Notes
May 28, 1896, ch. 252, § 19 29 Stat. 184 Mar. 2, 1901, ch. 814 31 Stat. 956 Based on title 18, U.S.C., 1940 ed., § 591 (R.S. § 1014; , ; , ).
This section was completely rewritten to omit all provisions superseded by Federal Rules of Criminal Procedure, rules 3, 4, 5, 40 and 54(a) which prescribed the procedure for preliminary proceedings and examinations before United States judges and commissioners and for removal proceedings but not for preliminary examinations before State magistrates.
Editorial Notes
Amendments
Pub. L. 98–473section 3142 of this title1984— substituted “determining, pursuant to the provisions of , whether to detain or conditionally release the prisoner prior to trial” for “determining to hold the prisoner for trial”.
Pub. L. 90–5781968— substituted “United States magistrate” and “magistrate” for “United States commissioner” and “commissioner”, respectively.
Pub. L. 89–4651966— substituted “or released as provided in chapter 207 of this title” for “or bailed”.
Statutory Notes and Related Subsidiaries
Change of Name
section 321 of Pub. L. 101–650section 631 of Title 28“United States magistrate judge” substituted for “United States magistrate” in text pursuant to , set out as a note under , Judiciary and Judicial Procedure.
Effective Date of 1968 Amendment
Pub. L. 90–578Pub. L. 90–578section 403 of Pub. L. 90–578section 631 of Title 28Amendment by effective , except when a later effective date is applicable, which is the earlier of date when implementation of amendment by appointment of magistrates [now United States magistrate judges] and assumption of office takes place or third anniversary of enactment of on , see , set out as a note under , Judiciary and Judicial Procedure.
Effective Date of 1966 Amendment
Pub. L. 89–465section 6 of Pub. L. 89–465section 3146 of this titleAmendment by effective ninety days after , see , set out as an Effective Date note under .