Investor Presentaiton
Effective December 1, 2021
order adopting the recommendation of the finding of fact.
(f)
Appeals of Detention or Release Orders.
Nebraska Criminal Rules
An appeal of a magistrate judge's release or detention order is brought to a
district judge under 18 U.S.C. § 3145 and Nebraska Criminal Rule 46.2.
Nebraska Criminal Rule 59.2 does not apply.
59.3 Magistrate Judge Duties in Misdemeanor Cases.
(a)
(b)
Authority.
A full-time magistrate judge is responsible for all pretrial matters in
misdemeanor cases. When the misdemeanor charge is for a petty offense,
or when the misdemeanor charge is not for a petty offense and the
defendant has consented orally or in writing to proceed with trial, judgment,
and sentencing before a magistrate judge rather than a district judge, a full-
time magistrate judge is authorized under 18 U.S.C. § 3401 to:
(1)
(2)
(3)
(4)
(5)
try persons accused of, and sentence persons convicted of,
misdemeanors committed within this district;
direct the probation and pretrial services office to conduct a
presentence investigation in any misdemeanor;
conduct a jury trial in any misdemeanor case where the defendant
so requests and is entitled to a jury trial under the Constitution and
laws of the United States;
conduct any necessary hearings relating to petitions to revoke
probation and supervised release and enter final orders when a
magistrate judge imposed probation or supervised release after
conviction of a misdemeanor; and
with the defendant's consent, hear and determine cases brought
under 28 U.S.C. § 2255 in which the magistrate judge entered
judgment in the underlying misdemeanor criminal prosecution.
Part-Time Magistrate Judge.
Designation of part-time magistrate judges to conduct duties under 18
U.S.C. § 3401 is made by specific order as required.
(c)
Exception.
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