Appeal from Conviction by Magistrate Judge (a) Assignment to District Judge. When an appeal from a judgment of conviction or sentence by a Magistrate Judge to a District Judge is made pursuant to Fed.

58(g)(2), the Clerk shall assign the appeal to a District Judge in the same manner as an indictment or felony information would be assigned. (b) Record. If a transcript is desired by a party, the party shall order the transcript from the Court reporter in accordance with the procedure prescribed by Fed. R. App. P. 10(b). If the proceedings were recorded by audio tape, the audio tape shall constitute the record of the proceedings.

Upon request, the Clerk shall duplicate and provide a copy of the audio tape to the requesting party at the rate provided for in 28 U.S.C. § 1914. No transcript shall be made of an audio tape unless ordered by the assigned District Judge pursuant to motion by the requesting party. The record shall be deemed complete 14 days after the notice of appeal is filed if no transcript is ordered or upon filing of the transcript or upon lodging the audio tape with the assigned District Judge. (c) Hearing.

After the record is complete, the Clerk for the assigned District Judge shall notify the parties of the time set for hearing the appeal. The hearing shall be not more than 90 days after the date of the notice. (d) Time for Filing and Serving Briefs. The appellant shall serve and file an opening brief not later than 35 days before the date set for the hearing pursuant to Crim. L.R. 58-2(c).

The appellee shall serve and file a responsive brief not later than 21 days before the hearing date. The appellant may serve and file a reply not later than 14 days before the hearing date. (e) Length. Unless the Court expressly orders otherwise pursuant to ex parte request made prior to the due date, the opening and responsive briefs shall not exceed 25 pages and the reply shall not exceed 10 pages.