Local Rule Criminal Rule 58.1: Misdemeanors

Criminal Rule 58.1 Misdemeanors a. Designation of Magistrate Judges. Subject to the limitation of 18 U.S.C. § 3401, magistrate judges are specially designated to try persons accused of, and sentence persons convicted of misdemeanor offenses committed within this district. In addition, magistrate judges may dispose of misdemeanor offenses which are transferred to this district under Rule 20, Fed. R. Crim. P. A magistrate judge may direct the probation office to conduct a presentence investigation of any person convicted of a misdemeanor offense and to render a report to the magistrate judge prior to the imposition of sentence. b. Appeal from Conviction by Magistrate Judge. 1. Notice of Appeal. Pursuant to Rule 58(g), Federal Rules of Criminal Procedure, a defendant who has been convicted by a magistrate judge may appeal to a judge by filing a timely notice of appeal. 2. Record. A transcript, if desired, must be ordered except that, in the absence of a reporter, the transcript must be ordered as directed by the Clerk of Court. Applications for orders pertaining to a transcript must be made to the magistrate judge. Within thirty (30) days after a transcript has been ordered, the original and one copy must be filed with the magistrate judge and all recordings must be returned to the Clerk of Court. If not ordered within fourteen (14) days. If not ordered within fourteen (14) days after the notice of appeal is filed, the record on appeal will be deemed complete. 3. Notice of Hearing. The Clerk must assign the appeal to a district judge and notify the parties of the time set for oral argument. Argument must be scheduled not less than sixty (60) nor more than ninety (90) days after the date of the notice. However, an earlier date may be set upon application of a party for good cause to the judge to whom the appeal has been assigned. 4. Time for Serving and Filing Briefs. The appellant must serve and file the brief within twenty-one (21) days after the notice of hearing. The appellee must serve and file the brief within twenty-one (21) days after service of the brief of the appellant. The appellant may serve and file a reply brief within seven (7) days after service of the brief of the appellee. These periods may be altered by order of the assigned judge. c. Orders and Judgments in Misdemeanor Cases. Any party may seek review or appeal of a decision by a magistrate judge in a misdemeanor case pursuant to Rule 58(g) of the Federal Rules of Criminal Procedure.