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.
June 25, 1948, ch. 64562 Stat. 831Pub. L. 90–578, title III, § 302(b)82 Stat. 1116Pub. L. 100–702, title IV, § 404(b)(2)102 Stat. 4651Pub. L. 101–650, title III, § 321104 Stat. 5117(, ; , , ; , , ; , , .)
Historical and Revision Notes
Oct. 9, 1940, ch. 685, § 254 Stat. 1059Based on title 18 U.S.C., 1940 ed., § 576a (, ).
Editorial Notes
Amendments
Pub. L. 100–7021988— 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.”
Pub. L. 90–5781968— 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.
Statutory Notes and Related Subsidiaries
Change of Name
section 321 of Pub. L. 101–650section 631 of Title 28“United States magistrate judge” and “magistrate judge” substituted for “United States magistrate” and “magistrate”, respectively, in text pursuant to , set out as a note under , Judiciary and Judicial Procedure.
Effective Date of 1988 Amendment
Pub. L. 100–702section 407 of Pub. L. 100–702section 2071 of Title 28Amendment by effective , see , 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.