Local Rule Cr. RULE 5.1: UNITED STATES MAGISTRATE JUDGES

Cr. RULE 5.1 UNITED STATES MAGISTRATE JUDGES Each Magistrate Judge is authorized to perform all judicial duties assigned by the Court that are consistent with the Constitution and the laws of the United States which include, but are not limited to the following duties in criminal matters: (a) Proceeding in matters involving misdemeanors and petty offenses in accordance with Fed. R. Crim. P. 58 and L.Cr.R. 58.1; (b) Administering oaths and affirmations, imposing conditions of release under 18 U.S.C. § 3142, taking acknowledgments, affidavits, and depositions, and performing such functions related to bail as are described in L.Cr.R. 46.1. (c) Receiving grand jury returns and issuing bench warrants, when necessary, for defendants named in an indictment. (d) Exercising all the powers and duties conferred or imposed upon United States Commissioners by law. (e) Receiving and filing complaints, issuing search warrants and arrest warrants and receiving their return. The approval of the United States Attorney or a designated Assistant shall be secured with respect to the contents of all proposed complaints and warrants. (f) Conducting initial appearances and preliminary examinations. (g) Conducting arraignments in accordance with Fed. R. Crim. P. 10, to the extent of taking a not guilty plea or noting a defendant's intention to plead guilty or nolo contendere, and ordering a presentence report in appropriate cases. (h) Taking a plea and imposing sentence upon the transfer under Fed. R. Crim. P. 20 of any information or indictment charging a misdemeanor, if the defendant consents in writing to this procedure. (i) Conducting proceedings in accordance with Fed. R. Crim. P. 40. (j) Conducting proceedings for revocation or modification of probation in non-felony cases. (k) Conducting extradition proceedings, in accordance with 18 U.S.C. § 3184. (l) Issuing subpoenas, writs of habeas corpus ad testificandum or habeas corpus ad prosequendum, or other orders necessary to obtain the presence of parties or witnesses or evidence needed for court proceedings. (m) Upon the request of the United States Attorney, authorizing the installation of pen register devices and executing orders directing telephone company assistance to the Government for such installation. (n) Hearing and determining any criminal pretrial motion or other criminal pretrial matter, other than those motions specified in L.Cr.R. 5.1(o), in accordance with 28 U.S.C. § 636(b)(1)(A). (o) In accordance with 28 U.S.C. § 636(b)(1)(B) and (C), conducting such evidentiary hearings as are necessary and appropriate, and submitting to a District Judge proposed findings of fact and recommendations for the disposition of: (1) applications for post-trial relief made by individuals convicted of criminal offenses; or (2) motions to dismiss or quash an indictment or information made by a defendant, or to suppress evidence in a criminal case. (3) Any party may object to the Magistrate Judge's proposed findings, recommendations or report issued under this Rule within 14 days after being served with a copy thereof, pursuant to the procedure set forth in L.Civ.R. 72.1(c)(2). Amended March 1, 2010.