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aragraph (1) of subsection (a) of this section and the report shall be sealed by the court and shall not be filed as a public record or be subject to subpena or otherwise made public (i) until at least thirty-one days after a copy of the order and report are served upon each public officer or employee named therein and an answer has been filed or the time for filing an answer has expired, or (ii) if an appeal is taken, until all rights of review of the public officer or employee named therein have expired or terminated in an order accepting the report. No order accepting a report pursuant to paragraph (1) of subsection (a) of this section shall be entered until thirty days after the delivery of such report to the public officer or body pursuant to paragraph (3) of subsection (c) of this section. The court may issue such orders as it shall deem appropriate to prevent unauthorized publication of a report. Unauthorized publication may be punished as contempt of the court. (2) Such public officer or employee may file with the clerk a verified answer to such a report not later than twenty days after service of the order and report upon him. Upon a showing of good cause, the court may grant such public officer or employee an extension of time within which to file such answer and may authorize such limited publication of the report as may be necessary to prepare such answer. Such an answer shall plainly and concisely state the facts and law constituting the defense of the public officer or employee to the charges in said report, and, except for those parts thereof which the court determines to have been inserted scandalously, prejudiciously, or unnecessarily, such answer shall become an appendix to the report. (3) Upon the expiration of the time set forth in paragraph (1) of subsection (c) of this section, the United States attorney shall deliver a true copy of such report, and the appendix, if any, for appropriate action to each public officer or body having jurisdiction, responsibility, or authority over each public officer or employee named in the report. (d) Upon the submission of a report pursuant to subsection (a) of this section, if the court finds that the filing of such report as a public record may prejudice fair consideration of a pending criminal matter, it shall order such report sealed and such report shall not be subject to subpena or public inspection during the pendency of such criminal matter, except upon order of the court. (e) Whenever the court to which a report is submitted pursuant to paragraph (1) of subsection (a) of this section is not satisfied that the report complies with the provisions of subsection (b) of this section, it may direct that additional testimony be taken before the same grand jury, or it shall make an order sealing such report, and it shall not be filed as a public record or be subject to subpena or otherwise made public until the provisions of subsection (b) of this section are met. A special grand jury term may be extended by the district court beyond thirty-six months in order that such additional testimony may be taken or the provisions of subsection (b) of this section may be met. (f) As used in this section, "public officer or employee" means any officer or employee of the United States, any State, the District of Columbia, the Commonwealth of Puerto Rico, any territory or possession of the United States, or any political subdivision, or any department, agency, or instrumentality thereof. -SOURCE- (Added Pub. L. 91-452, title I, Sec. 101(a), Oct. 15, 1970, 84 Stat. 924.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 3331, 3334 of this title. -End- -CITE- 18 USC Sec. 3334 01/19/04 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART II - CRIMINAL PROCEDURE CHAPTER 216 - SPECIAL GRAND JURY -HEAD- Sec. 3334. General provisions -STATUTE- The provisions of chapter 215, title 18, United States Code, and the Federal Rules of Criminal Procedure applicable to regular grand juries shall apply to special grand juries to the extent not inconsistent with sections 3331, 3332, or 3333 of this chapter. -SOURCE- (Added Pub. L. 91-452, title I, Sec. 101(a), Oct. 15, 1970, 84 Stat. 926.) -End- -CITE- 18 USC CHAPTER 217 - INDICTMENT AND INFORMATION 01/19/04 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART II - CRIMINAL PROCEDURE CHAPTER 217 - INDICTMENT AND INFORMATION -HEAD- CHAPTER 217 - INDICTMENT AND INFORMATION -MISC1- Sec. 3361. Form and contents - Rule. 3362. Waiver of indictment and prosecution on information - Rule. 3363. Joinder of offenses - Rule. 3364. Joinder of defendants - Rule. 3365. Amendment of information - Rule. 3366. Bill of particulars - Rule. 3367. Dismissal - Rule. -End- -CITE- 18 USC Sec. 3361 01/19/04 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART II - CRIMINAL PROCEDURE CHAPTER 217 - INDICTMENT AND INFORMATION -HEAD- Sec. 3361. Form and contents - (Rule) -STATUTE- -MISC1- SEE FEDERAL RULES OF CRIMINAL PROCEDURE Contents and form; striking surplusage, Rule 7(a), (c), (d). -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 830.) -End- -CITE- 18 USC Sec. 3362 01/19/04 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART II - CRIMINAL PROCEDURE CHAPTER 217 - INDICTMENT AND INFORMATION -HEAD- Sec. 3362. Waiver of indictment and prosecution on information - (Rule) -STATUTE- -MISC1- SEE FEDERAL RULES OF CRIMINAL PROCEDURE Waiver of indictment for offenses not punishable by death, Rule 7(b). -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 830.) -End- -CITE- 18 USC Sec. 3363 01/19/04 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART II - CRIMINAL PROCEDURE CHAPTER 217 - INDICTMENT AND INFORMATION -HEAD- Sec. 3363. Joinder of offenses - (Rule) -STATUTE- -MISC1- SEE FEDERAL RULES OF CRIMINAL PROCEDURE Joinder of two or more offenses in same indictment, Rule 8(a). Trial together of indictments or informations, Rule 13. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 830.) -End- -CITE- 18 USC Sec. 3364 01/19/04 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART II - CRIMINAL PROCEDURE CHAPTER 217 - INDICTMENT AND INFORMATION -HEAD- Sec. 3364. Joinder of defendants - (Rule) -STATUTE- -MISC1- SEE FEDERAL RULES OF CRIMINAL PROCEDURE Joinder of two or more defendants charged in same indictment, Rule 8(b). Relief from prejudicial joinder, Rule 14. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 830.) -End- -CITE- 18 USC Sec. 3365 01/19/04 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART II - CRIMINAL PROCEDURE CHAPTER 217 - INDICTMENT AND INFORMATION -HEAD- Sec. 3365. Amendment of information - (Rule) -STATUTE- -MISC1- SEE FEDERAL RULES OF CRIMINAL PROCEDURE Amendment of information, time and conditions, Rule 7(e). -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 830.) -End- -CITE- 18 USC Sec. 3366 01/19/04 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART II - CRIMINAL PROCEDURE CHAPTER 217 - INDICTMENT AND INFORMATION -HEAD- Sec. 3366. Bill of particulars - (Rule) -STATUTE- -MISC1- SEE FEDERAL RULES OF CRIMINAL PROCEDURE Bill of particulars for cause; motion after arraignment; time; amendment, Rule 7(f). -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 830.) -End- -CITE- 18 USC Sec. 3367 01/19/04 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART II - CRIMINAL PROCEDURE CHAPTER 217 - INDICTMENT AND INFORMATION -HEAD- Sec. 3367. Dismissal - (Rule) -STATUTE- -MISC1- SEE FEDERAL RULES OF CRIMINAL PROCEDURE Dismissal filed by Attorney General or United States Attorney, Rule 48. Dismissal on objection to array of grand jury or lack of legal qualification of individual grand juror, Rule 6(b)(2). -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 830.) -End- -CITE- 18 USC CHAPTER 219 - TRIAL BY UNITED STATES MAGISTRATE JUDGES 01/19/04 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART II - CRIMINAL PROCEDURE CHAPTER 219 - TRIAL BY UNITED STATES MAGISTRATE JUDGES -HEAD- CHAPTER 219 - TRIAL BY UNITED STATES MAGISTRATE JUDGES -MISC1- Sec. 3401. Misdemeanors; application of probation laws. 3402. Rules of procedure, practice and appeal. AMENDMENTS 1979 - Pub. L. 96-82, Sec. 7(c), Oct. 10, 1979, 93 Stat. 646, substituted "Misdemeanors" for "Minor offenses" in item 3401. 1968 - Pub. L. 90-578, title III, Secs. 301(c), 302(c), Oct. 17, 1968, 82 Stat. 1115, 1116, substituted "TRIAL BY UNITED STATES MAGISTRATES" for "TRIAL BY COMMISSIONERS" in chapter heading, and substituted "Minor offenses" for "Petty offenses" and struck out "fees" after "probation laws" in item 3401. -CHANGE- CHANGE OF NAME "UNITED STATES MAGISTRATE JUDGES" substituted for "UNITED STATES MAGISTRATES" in chapter heading pursuant to section 321 of Pub. L. 101-650, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure. -End- -CITE- 18 USC Sec. 3401 01/19/04 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART II - CRIMINAL PROCEDURE CHAPTER 219 - TRIAL BY UNITED STATES MAGISTRATE JUDGES -HEAD- Sec. 3401. Misdemeanors; application of probation laws -STATUTE- (a) When specially designated to exercise such jurisdiction by the district court or courts he serves, any United States magistrate judge shall have jurisdiction to try persons accused of, and sentence persons convicted of, misdemeanors committed within that judicial district. (b) Any person charged with a misdemeanor, other than a petty offense may elect, however, to be tried before a district judge for the district in which the offense was committed. The magistrate judge shall carefully explain to the defendant that he has a right to trial, judgment, and sentencing by a district judge and that he may have a right to trial by jury before a district judge or magistrate judge. The magistrate judge may not proceed to try the case unless the defendant, after such explanation, expressly consents to be tried before the magistrate judge and expressly and specifically waives trial, judgment, and sentencing by a district judge. Any such consent and waiver shall be made in writing or orally on the record. (c) A magistrate judge who exercises trial jurisdiction under this section, and before whom a person is convicted or pleads either guilty or nolo contendere, may, with the approval of a judge of the district court, direct the probation service of the court to conduct a presentence investigation on that person and render a report to the magistrate judge prior to the imposition of sentence. (d) The probation laws shall be applicable to persons tried by a magistrate judge under this section, and such officer shall have power to grant probation and to revoke, modify, or reinstate the probation of any person granted probation by a magistrate judge. (e) Proceedings before United States magistrate judges under this section shall be taken down by a court reporter or recorded by suitable sound recording equipment. For purposes of appeal a copy of the record of such proceedings shall be made available at the expense of the United States to a person who makes affidavit that he is unable to pay or give security therefor, and the expense of such copy shall be paid by the Director of the Administrative Office of the United States Courts. (f) The district court may order that proceedings in any misdemeanor case be conducted before a district judge rather than a United States magistrate judge upon the court's own motion or, for good cause shown, upon petition by the attorney for the Government. Such petition should note the novelty, importance, or complexity of the case, or other pertinent factors, and be filed in accordance with regulations promulgated by the Attorney General. (g) The magistrate judge may, in a petty offense case involving a juvenile, exercise all powers granted to the district court under chapter 403 of this title. The magistrate judge may, in the case of any misdemeanor, other than a petty offense, involving a juvenile in which consent to trial before a magistrate judge has been filed under subsection (b), exercise all powers granted to the district court under chapter 403 of this title. For purposes of this subsection, proceedings under chapter 403 of this title may be instituted against a juvenile by a violation notice or complaint, except that no such case may proceed unless the certification referred to in section 5032 of this title has been filed in open court at the arraignment. (h) The magistrate judge shall have power to modify, revoke, or terminate supervised release of any person sentenced to a term of supervised release by a magistrate judge. (i) A district judge may designate a magistrate judge to conduct hearings to modify, revoke, or terminate supervised release, including evidentiary hearings, and to submit to the judge proposed findings of fact and recommendations for such modification, revocation, or termination by the judge, including, in the case of revocation, a recommended disposition under section 3583(e) of this title. The magistrate judge shall file his or her proposed findings and recommendations. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 830; Pub. L. 85-508, Sec. 12(j), July 7, 1958, 72 Stat. 348; Pub. L. 90-578, title III, Sec. 302(a), Oct. 17, 1968, 82 Stat. 1115; Pub. L. 96-82, Sec. 7(a), (b), Oct. 10, 1979, 93 Stat. 645, 646; Pub. L. 98-473, title II, Sec. 223(j), Oct. 12, 1984, 98 Stat. 2029; Pub. L. 100-690, title VII, Sec. 7072(a), Nov. 18, 1988, 102 Stat. 4405; Pub. L. 101-650, title III, Sec. 321, Dec. 1, 1990, 104 Stat. 5117; Pub. L. 102-572, title I, Sec. 103, Oct. 29, 1992, 106 Stat. 4507; Pub. L. 104-317, title II, Sec. 202(a), Oct. 19, 1996, 110 Stat. 3848; Pub. L. 106-518, title II, Sec. 203(a), Nov. 13, 2000, 114 Stat. 2414.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., Secs. 576, 576b, 576c, 576d (Oct. 9, 1940, ch. 785, Secs. 1, 3-5, 54 Stat. 1058, 1059). The phrase "the commissioner shall have power to grant probation" was inserted in paragraph (c) in order to make clear the authority of the commissioner to grant probation without application to the District judge. Four sections were consolidated herein with minor rearrangements and deletion of unnecessary words. AMENDMENTS 2000 - Subsec. (b). Pub. L. 106-518, Sec. 203(a)(1), struck out "that is a class B misdemeanor charging a motor vehicle offense, a class C misdemeanor, or an infraction," after "petty offense". Subsec. (g). Pub. L. 106-518, Sec. 203(a)(2), substituted first sentence for former first sentence which read: "The magistrate judge may, in a petty offense case involving a juvenile, that is a class B misdemeanor charging a motor vehicle offense, a class C misdemeanor, or an infraction, exercise all powers granted to the district court under chapter 403 of this title.", substituted "the case of any misdemeanor, other than a petty offense," for "any other class B or C misdemeanor case" in second sentence, and struck out at end "No term of imprisonment shall be imposed by the magistrate in any such case." 1996 - Subsec. (b). Pub. L. 104-317, Sec. 202(a)(1), inserted ", other than a petty offense that is a class B misdemeanor charging a motor vehicle offense, a class C misdemeanor, or an infraction," after "misdemeanor", substituted "tried before a district judge" for "tried before a judge of the district court" and "by a district judge" for "by a judge of the district court", substituted "magistrate judge" for "magistrate" in two places, and substituted "The magistrate judge may not proceed to try the case unless the defendant, after such explanation, expressly consents to be tried before the magistrate judge and expressly and specifically waives trial, judgment, and sentencing by a district judge. Any such consent and waiver shall be made in writing or orally on the record." for "The magistrate shall not proceed to try the case unless the defendant, after such explanation, files a written consent to be tried before the magistrate that specifically waives trial, judgment, and sentencing by a judge of the district court." Subsec. (g). Pub. L. 104-317, Sec. 202(a)(2), substituted "The magistrate judge may, in a petty offense case involving a juvenile, that is a class B misdemeanor charging a motor vehicle offense, a class C misdemeanor, or an infraction, exercise all powers granted to the district court under chapter 403 of this title. The magistrate judge may, in any other class B or C misdemeanor case involving a juvenile in which consent to trial before a magistrate judge has been filed under subsection (b), exercise all powers granted to the district court under chapter 403 of this title." for "The magistrate may, in a Class B or C misdemeanor case, or infraction case, involving a juvenile in which consent to trial before a magistrate has been filed under subsection (b) of this section, exercise all powers granted to the district court under chapter 403 of this title." 1992 - Subsec. (d). Pub. L. 102-572, Sec. 103(1), substituted "and to revoke, modify, or reinstate the probation of any person granted probation by a magistrate judge" for "and to revoke or reinstate the probation of any person granted probation by him". Subsecs. (h), (i). Pub. L. 102-572, Sec. 103(2), added subsecs. (h) and (i). 1988 - Subsec. (g). Amendment by Pub. L. 100-690 directin

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