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g that "and section 4216" be struck out after "under chapter 402" in subsec. (g), was executed to subsec. (g) applicable to offenses committed prior to Nov. 1, 1987, as the probable intent of Congress, in view of the amendment by section 223(j) of Pub. L. 98-473. See 1984 Amendment notes below. 1984 - Subsecs. (g), (h). Pub. L. 98-473, Sec. 223(j)(1), redesignated subsec. (h) as (g) and struck out former subsec. (g) which related to powers of magistrate in case involving youthful offender. Former subsec. (g), as amended by Pub. L. 100-690, read as follows: "The magistrate may, in a case involving a youth offender in which consent to trial before a magistrate has been filed under subsection (b) of this section, impose sentence and exercise the other powers granted to the district court under chapter 402 of this title, except that - "(1) the magistrate may not sentence the youth offender to the custody of the Attorney General pursuant to such chapter for a period in excess of 1 year for conviction of a misdemeanor or 6 months for conviction of a petty offense; "(2) such youth offender shall be released conditionally under supervision no later than 3 months before the expiration of the term imposed by the magistrate, and shall be discharged unconditionally on or before the expiration of the maximum sentence imposed; and "(3) the magistrate may not suspend the imposition of sentence and place the youth offender on probation for a period in excess of 1 year for conviction of a misdemeanor or 6 months for conviction of a petty offense." Pub. L. 98-473, Sec. 223(j)(2), which directed amendment of subsec. (h) by substituting reference to Class B or C misdemeanor case or an infraction case, for reference to petty offense case, was executed to subsec. (g) as the probable intent of Congress in view of redesignation of subsec. (h) as (g) by section 223(j)(1) of Pub. L. 98-473, see above. 1979 - Pub. L. 96-82, Sec. 7(b), substituted "Misdemeanors" for "Minor offenses" in section catchline. Subsec. (a). Pub. L. 96-82, Sec. 7(a)(1), substituted "any United States magistrate shall have jurisdiction to try persons accused of, and sentence persons convicted of, misdemeanors committed" for "and under such conditions as may be imposed by the terms of the special designation, any United States magistrate shall have jurisdiction to try persons accused of, and sentence persons convicted of, minor offenses committed". Subsec. (b). Pub. L. 96-82, Sec. 7(a)(2), substituted reference to persons charged with misdemeanors for reference to persons charged with minor offenses, substituted reference to right to trial, judgment, and sentencing for reference to right to trial, and struck out provisions relating to the waiver of the right to a trial by jury. Subsec. (f). Pub. L. 96-82, Sec. 7(a)(3), substituted provisions authorizing the district court to order misdemeanor proceedings to be conducted before a district court judge for provisions defining term "minor offenses". Subsecs. (g), (h). Pub. L. 96-82, Sec. 7(a)(4), added subsecs. (g) and (h). 1968 - Pub. L. 90-578 substituted "Minor offenses" for "Petty offenses" and struck out provision for "fees" in section catchline. Subsec. (a). Pub. L. 90-578 provided for trial by a magistrate rather than a commissioner of minor offenses instead of petty offenses, under such conditions as may be imposed by the terms of the special designation, required imposition of sentence after conviction instead of sentencing of person committing the offense, and omitted provision for trial of offense committed in any place over which the Congress has exclusive power to legislate or over which the United States has concurrent jurisdiction. Subsec. (b). Pub. L. 90-578 provided that the person be charged with a minor offense rather than a petty offense, prescribed trial in district court for the district in which the offense was committed, and required an explanation to be given of right to trial before a district court judge with right to jury trial before such judge and that the written consent to trial before the magistrate specifically waive trial before the district court judge and any right to a jury trial. Subsec. (c). Pub. L. 90-578 substituted authorization for magistrate to conduct presentence investigation for prior provisions making probation laws applicable to persons tried by commissioners having power to grant probation, now incorporated in subsec. (d) of this section. Subsec. (d). Pub. L. 90-578 incorporated existing provisions of former subsec. (c) of this section in provisions designated as subsec. (d), substituted "magistrate" for "commissioner", authorized revocation or reinstatement of probation by the officer granting the probation, and struck out former provision for receipt of fees provided by law for services as a commissioner. Subsec. (e). Pub. L. 90-578 substituted requirement that proceedings before magistrates be taken down by a court reporter or recorded by sound recording equipment and provision for availability of a copy of the record of such proceedings for appeal purposes to be paid by the Director at Federal expense when a person is unable to pay or give security therefor for prior provisions making the section inapplicable to the District of Columbia and interpreting it as not repealing or limiting existing jurisdiction, power or authority of commissioners appointed in the several national parks. Subsec. (f). Pub. L. 90-578 added subsec. (f). 1958 - Subsec. (e). Pub. L. 85-508 struck out provisions which related to commissioners appointed for Alaska. See section 81A of Title 28, Judiciary and Judicial Procedure, which establishes a United States District Court for the State of Alaska. -CHANGE- CHANGE OF NAME "United States magistrate judge", "magistrate judge", and "magistrate judges" substituted for "United States magistrate", "magistrate", and "magistrates", respectively, in subsecs. (a), (c), (e), and (f), and "magistrate judge under" substituted for "magistrate under" in subsec. (d), pursuant to section 321 of Pub. L. 101-650, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure. -MISC2- EFFECTIVE DATE OF 1992 AMENDMENT Amendment by Pub. L. 102-572 effective Jan. 1, 1993, see section 1101 of Pub. L. 102-572, set out as a note under section 905 of Title 2, The Congress. EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98-473 effective Nov. 1, 1987, and applicable only to offenses committed after the taking effect of such amendment, see section 235(a)(1) of Pub. L. 98-473, set out as an Effective Date note under section 3551 of this title. EFFECTIVE DATE OF 1968 AMENDMENT Amendment by Pub. L. 90-578 effective Oct. 17, 1968, except when a later effective date is applicable, which is the earlier of date when implementation of amendment by appointment of magistrates [now United States magistrate judges] and assumption of office takes place or third anniversary of enactment of Pub. L. 90-578 on Oct. 17, 1968, see section 403 of Pub. L. 90-578, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure. EFFECTIVE DATE OF 1958 AMENDMENT Amendment by Pub. L. 85-508 effective Jan. 3, 1959, on admission of Alaska into the Union pursuant to Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat. c16, as required by sections 1 and 8(c) of Pub. L. 85-508, see notes set out under section 81A of Title 28, Judiciary and Judicial Procedure, and preceding former section 21 of Title 48, Territories and Insular Possessions. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 5032 of this title; title 7 section 1011; title 16 sections 460d, 460l-6a, 551, 670j, 1338; title 28 sections 636, 1915; title 43 sections 373b, 1733; title 48 sections 1912, 1934. -End- -CITE- 18 USC Sec. 3402 01/19/04 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART II - CRIMINAL PROCEDURE CHAPTER 219 - TRIAL BY UNITED STATES MAGISTRATE JUDGES -HEAD- Sec. 3402. Rules of procedure, practice and appeal (!1) -STATUTE- -STATUTE- In all cases of conviction by a United States magistrate judge an appeal of right shall lie from the judgment of the magistrate judge to a judge of the district court of the district in which the offense was committed. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 831; Pub. L. 90-578, title III, Sec. 302(b), Oct. 17, 1968, 82 Stat. 1116; Pub. L. 100-702, title IV, Sec. 404(b)(2), Nov. 19, 1988, 102 Stat. 4651; Pub. L. 101-650, title III, Sec. 321, Dec. 1, 1990, 104 Stat. 5117.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 18 U.S.C., 1940 ed., Sec. 576a (Oct. 9, 1940, ch. 685, Sec. 2, 54 Stat. 1059). AMENDMENTS 1988 - Pub. L. 100-702 struck out second par. which read as follows: "The Supreme Court shall prescribe rules of procedure and practice for the trial of cases before magistrates and for taking and hearing of appeals to the judges of the district courts of the United States." 1968 - Pub. L. 90-578 provided that the appeal shall be of right, substituted "a United States magistrate", "magistrate", and "magistrates" for "United States commissioners", "commissioner", and "commissioners", respectively, and provided that the appeals be to the judge of the district court and not to the district court and that the rules of the Supreme Court relate to appeals to the judges of the district courts rather than to the district courts. -CHANGE- CHANGE OF NAME "United States magistrate judge" and "magistrate judge" substituted for "United States magistrate" and "magistrate", respectively, in text pursuant to section 321 of Pub. L. 101-650, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure. -MISC2- EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100-702 effective Dec. 1, 1988, see section 407 of Pub. L. 100-702, set out as a note under section 2071 of Title 28, Judiciary and Judicial Procedure. EFFECTIVE DATE OF 1968 AMENDMENT Amendment by Pub. L. 90-578 effective Oct. 17, 1968, except when a later effective date is applicable, which is the earlier of date when implementation of amendment by appointment of magistrates [now United States magistrate judges] and assumption of office takes place or third anniversary of enactment of Pub. L. 90-578 on Oct. 17, 1968, see section 403 of Pub. L. 90-578, set out as a note under section 631 of title 28, Judiciary and Judicial Procedure. -FOOTNOTE- (!1) Section catchline was not amended to conform to change made in text by Pub. L. 100-702. -End- -CITE- 18 USC CHAPTER 221 - ARRAIGNMENT, PLEAS AND TRIAL 01/19/04 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART II - CRIMINAL PROCEDURE CHAPTER 221 - ARRAIGNMENT, PLEAS AND TRIAL -HEAD- CHAPTER 221 - ARRAIGNMENT, PLEAS AND TRIAL -MISC1- Sec. 3431. Term of court; power of court unaffected by expiration - Rule. 3432. Indictment and list of jurors and witnesses for prisoner in capital cases. 3433. Arraignment - Rule. 3434. Presence of defendant - Rule. 3435. Receiver of stolen property triable before or after principal. 3436. Consolidation of indictments or informations - Rule. 3437. Severance - Rule. 3438. Pleas - Rule. 3439. Demurrers and special pleas in bar or abatement abolished; relief on motion - Rule. 3440. Defenses and objections determined on motion - Rule. 3441. Jury; number of jurors; waiver - Rule. 3442. Jurors, examination, peremptory challenges; alternates - Rule. 3443. Instructions to jury - Rule. 3444. Disability of judge - Rule. 3445. Motion for judgment of acquittal - Rule. 3446. New trial - Rule. -End- -CITE- 18 USC Sec. 3431 01/19/04 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART II - CRIMINAL PROCEDURE CHAPTER 221 - ARRAIGNMENT, PLEAS AND TRIAL -HEAD- Sec. 3431. Term of court; power of court unaffected by expiration - (Rule) -STATUTE- -MISC1- SEE FEDERAL RULES OF CRIMINAL PROCEDURE Expiration of term without significance in criminal cases, Rule 45(c). -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 831.) -REFTEXT- REFERENCES IN TEXT Rule 45(c) of the Federal Rules of Criminal Procedure, referred to in text, was rescinded Feb. 28, 1966, eff. July 1, 1966. -End- -CITE- 18 USC Sec. 3432 01/19/04 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART II - CRIMINAL PROCEDURE CHAPTER 221 - ARRAIGNMENT, PLEAS AND TRIAL -HEAD- Sec. 3432. Indictment and list of jurors and witnesses for prisoner in capital cases -STATUTE- A person charged with treason or other capital offense shall at least three entire days before commencement of trial be furnished with a copy of the indictment and a list of the veniremen, and of the witnesses to be produced on the trial for proving the indictment, stating the place of abode of each venireman and witness, except that such list of the veniremen and witnesses need not be furnished if the court finds by a preponderance of the evidence that providing the list may jeopardize the life or safety of any person. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 831; Pub. L. 103-322, title VI, Sec. 60025, Sept. 13, 1994, 108 Stat. 1982.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., Sec. 562 (R.S. Sec. 1033). Words "or other capital offense" inserted after "treason" and "jurors" substituted for "jury". The concluding sentence "When any person is indicted for any other capital offense, such copy of the indictment and list of the jurors and witnesses shall be delivered to him at least two entire days before the trial" was omitted. The change made by the revisers, permitting an additional day's preparation for trial in homicide, kidnapping, rape, and other capital cases seemed not unreasonable. Words "shall be delivered to him", at end of section, were omitted as unnecessary. Rule 10 of the Federal Rules of Criminal Procedure requires that the defendant in every case be given a copy of the indictment or information before he is called upon to plead. Thus there is no conflict between the rule and the revised section. Minor changes in phraseology were made. AMENDMENTS 1994 - Pub. L. 103-322 inserted before period at end ", except that such list of the veniremen and witnesses need not be furnished if the court finds by a preponderance of the evidence that providing the list may jeopardize the life or safety of any person". -End- -CITE- 18 USC Sec. 3433 01/19/04 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART II - CRIMINAL PROCEDURE CHAPTER 221 - ARRAIGNMENT, PLEAS AND TRIAL -HEAD- Sec. 3433. Arraignment - (Rule) -STATUTE- -MISC1- SEE FEDERAL RULES OF CRIMINAL PROCEDURE Reading and furnishing copy of indictment to accused, Rule 10. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 831.) -End- -CITE- 18 USC Sec. 3434 01/19/04 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART II - CRIMINAL PROCEDURE CHAPTER 221 - ARRAIGNMENT, PLEAS AND TRIAL -HEAD- Sec. 3434. Presence of defendant - (Rule) -STATUTE- -MISC1- SEE FEDERAL RULES OF CRIMINAL PROCEDURE Right of defendant to be present generally; corporation; waiver, Rule 43. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 831.) -End- -CITE- 18 USC Sec. 3435 01/19/04 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART II - CRIMINAL PROCEDURE CHAPTER 221 - ARRAIGNMENT, PLEAS AND TRIAL -HEAD- Sec. 3435. Receiver of stolen property triable before or after principal -STATUTE- A person charged with receiving or concealing stolen property may be tried either before or after the trial of the principal offender. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 831.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., Secs. 101, 467 (Mar. 4, 1909, ch. 321, Secs. 48, 288, 35 Stat. 1098, 1145). Other provisions of sections 101 and 467 of title 18, U.S.C., 1940 ed., were incorporated in sections 641 and 662 of this title. Necessary changes were made in phraseology. -End- -CITE- 18 USC Sec. 3436 01/19/04 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART II - CRIMINAL PROCEDURE CHAPTER 221 - ARRAIGNMENT, PLEAS AND TRIAL -HEAD- Sec. 3436. Consolidation of indictments or informations - (Rule) -STATUTE- -MISC1- SEE FEDERAL RULES OF CRIMINAL PROCEDURE Two or more indictments or informations triable together, Rule 13. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 832.) -End- -CITE- 18 USC Sec. 3437 01/19/04 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART II - CRIMINAL PROCEDURE CHAPTER 221 - ARRAIGNMENT, PLEAS AND TRIAL -HEAD- Sec. 3437. Severance - (Rule) -STATUTE- -MISC1- SEE FEDERAL RULES OF CRIMINAL PROCEDURE Relief from prejudicial joinder of defendants or offenses, Rule 14. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 832.) -End- -CITE- 18 USC Sec. 3438 01/19/04

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