MISDEMEANOR AND PETTY OFFENSE JURISDICTION

U.S. District Court for the Northern District of Georgia

Rule Set: Criminal Local Rules of the United States District Court for the Northern District of Georgia

Rule: 58.1

Jurisdiction: NDGA

Bluebook Citation: N.D. Ga. L.R. Cr. 58.1

AND DUTIES OF MAGISTRATE JUDGES (1) Pursuant to 18 U.S.C. ' 3401(a) and subject to the provisions regarding consent of the defendant set forth in 18 U.S.C. ' 3401(b) and (g), this Court has designated jurisdiction to its magistrate judges [as defined, 28 U.S.C. ' 639(6)] to conduct trials involving misdemeanors and to sentence persons convicted thereof. See also 28 U.S.C. ' 636(a)(3), (4) and (5). Misdemeanors include Class A misdemeanors [18 U.S.C. ' 3559(a)(6)] and petty offenses [18 U.S.C. ' 19]. Petty offenses are Class B misdemeanors [18 U.S.C. ' 3559(a)(7)], Class C misdemeanors [18 U.S.C. ' 3559(a)(8)], and infractions [18 U.S.C. ' 3559(a)(9)].

(2) Pursuant to 18 U.S.C. ' 3401(c), the Court authorizes the magistrate judges to direct the probation service of the Court to conduct a presentence report prior to the imposition of sentence by a magistrate judge. (3) See Appendix E to these Local Rules for the Forfeiture of Collateral Schedule in Misdemeanor and Petty Offenses applicable to offenses committed in this District.

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