Skip to main content

99.9 CRIMINAL MATTERS HANDLED BY MAGISTRATE JUDGE

(a) Disposition of Misdemeanor Cases. Unless otherwise limited or prohibited by an order of the Court en banc, each magistrate judge is designated, authorized, and empowered to:

1. Try persons accused of, and sentence persons convicted of, misdemeanors committed within or transferred to the District in accordance with 18 U.S.C. § 3401 and Fed. R. Crim. P. 58;

2. Direct the United States Probation and Pretrial Services Office to conduct a presentence investigation in any misdemeanor case; and 3. Conduct a jury trial in any misdemeanor case where the defendant so requests and is so entitled under the Constitution and laws of the United States.

(b) Assignment of Criminal Matters to Magistrate Judges.

1. Misdemeanor Cases. In a misdemeanor case, upon the filing of an information, complaint, violation notice, or return of an indictment, the Clerk must randomly assign the case to a magistrate judge in accordance with Rule 72.1(f).

2. Felony Cases. In a felony case, upon the return of an indictment or the filing of any information, the Clerk must refer the case to a magistrate judge in accordance with Rule 72.1(f), and the assigned district judge must enter an order of reference.