Local Rule 422: APPEAL FROM CONVICTION BY A MAGISTRATE JUDGE
E.D. Cal. — Criminal rule
RULE 422 (Fed. R. Crim. P. 58)
APPEAL FROM CONVICTION BY A MAGISTRATE JUDGE
(a) Notice of Appeal. A defendant who has been convicted in a trial by a Magistrate Judge may appeal to a District Judge by proceeding in accordance with Fed. R. Crim. P. 58(g)(2).
(b) Record. With fourteen (14) days after filing the notice of appeal the appellant shall order the official transcript, as prescribed by Fed. R. App. P. 10(b), or file a certificate stating that no transcript will be ordered.
(c) Assignment to a District Judge. The Clerk shall assign the appeal to a Judge in the same manner as any indictment or felony information. See L.R. 120, Appendix A.
(d) Notice of Hearing. After assignment, the Clerk shall promptly notify the parties of the date and time set for oral argument which shall not be less than sixty-three (63) nor more than ninety-one (91) days after the date of the notice. An earlier date may be set upon joint application of the parties to the assigned Judge.
(e) Time for Serving and Filing Briefs. Appellant's brief shall be served and filed within twenty-one (21) days after the filing of the transcript or certificate stating that no transcript will be ordered. Appellee's brief shall be served and filed within twenty-one (21) days after the filing and service of the appellant's brief. See L.R. 135. Appellant may serve and file a reply brief within seven (7) days after service of the appellee's brief. These periods may be altered by the assigned Judge upon application of the parties or sua sponte. See L.R. 144.