UNITED STATES MAGISTRATE JUDGES

- UNITED STATES MAGISTRATE JUDGES I. In criminal matters, each United States magistrate judge of this district is authorized to exercise all powers and perform all duties conferred or imposed upon them or United States commissioners by law, by the Federal Rules of Criminal Procedure, by the Local Criminal Rules, or by orders or decisions of the United States Supreme Court, Third Circuit Court of Appeals, or the United States District Court for the Eastern District of Pennsylvania. These shall include, but are not limited to, all powers and duties conferred or imposed upon them under: (a) Powers of Courts and Magistrates The following statutes: 18 U.S.C § 3041, Preliminary Examination Pen Registers and Trap and Trace Devices ; 18 U.S.C. § 3060, ; 18 U.S.C. §§ 3121-3127, Release and Detention Pending Judicial Proceedings ; 18 U.S.C. §§ 3141-3156, Extradition Trial by United States Magistrates ; 18 U.S.C. §§ 3181-3196, ; 18 U.S.C. §§ 3401- Transfer to or From 3402, Foreign Countries Jurisdiction, Powers, and Temporary Assignment ; 18 U.S.C. §§ 4100-4115, (b) ; 28 U.S.C. § 636, . , The Complaint The following Federal Rules of Criminal Procedure: Fed. R. Crim. P.3 Arrest Warrant or Summons Upon Complaint , , Initial Appearance Before the Magistrate Judge ; Fed. R. Crim. P. 4 ; Fed. R. Crim. Preliminary Examination P. 5 The Grand Jury ; Fed. R. Crim. P. 5.1, Warrant or Summons Upon Indictment or Information ; Fed. R. Crim. P. 6, ; Fed. R. Crim. P.9, Subpoena Revocation or Modification of Probation or Supervised Release ; Fed. R. Crim. P. 17, ; Fed. R. Crim. P. 32.1, Commitment to Another District ; Fed. R. Search and Seizure Crim. P. 40, Application and Exception ; Fed. R. Crim. P. 41, ; Procedure for Fed. R. Crim. P. 54, ; Fed. R. Crim. P.58, - 27 - Misdemeanors and Other Petty Offenses (c) . The Grand Jury The following Local Rules of Criminal Procedure: L.R.Crim.P. 6.1, Arraignment and Plea Forfeiture of Collateral in Lieu of Appearance and Mandatory Court Appearance ; L.R.Crim.P. 10.1, ; L.R.Crim.P. 58.1, II. . In a criminal matter, each United States magistrate judge of this district is authorized to exercise the following powers and duties when requested by the district judge assigned to the criminal matter: (a) Supervise the criminal calendar, conduct status calls, conferences, and hear and determine any pretrial motion or matter permitted by 28 U.S.C. § 636(b)(1)(A).

(b) Hear and submit proposed findings of fact and recommendations for any motion permitted by 28 U.S.C. § 636(b)(1) (B). (c) Select a petit jury with the express voluntary consent and waiver of all counsel, the government, and the defendant. (d) III. Perform such additional duties as are legally proper.

Criminal matters shall be assigned to the United States magistrate judge of this district under the following procedures: (a) (Felony Cases) Upon the return of an indictment, or the filing of an information, all felony cases shall be assigned by the Clerk to a duty magistrate judge for the purpose of conducting an arraignment unless the district judge assigned to that case otherwise directs. (b) (Misdemeanor cases) Upon the filing of an information, complaint, violation notice, or return of an indictment, all misdemeanor cases shall be assigned by the Clerk to a particular magistrate judge who shall proceed in accordance with the provisions - 28 - of 18 U.S.C. § 3401 and the applicable Rules of Criminal Procedure. IV. Reconsideration and Appeal in Criminal Matters.

(a) Reconsideration of pretrial matters - 28 U.S.C. § 636(b)(1)(A). A defendant or the government may object to a magistrate judge’s order determining a motion or matter under 28 U.S.C. § 636 (b)(1)(A) within fourteen (14) days after issuance of the magistrate judge’s order, unless a different time is prescribed by the magistrate judge or a judge. The party objecting shall file with the Clerk of Court, and serve on the magistrate judge and all parties, a brief, along with a written statement of objections which shall specifically designate the order, or part thereof, subject to the objections and the basis for such objections. The District Court may upon the filing of sua sponte objections or reconsider, affirm, reject, modify, or recommit any pretrial motion or matter handled by a magistrate judge.

(b) Review of Proposed Findings and Recommendations - 28 U.S.C. § 636(b)(1)(B). A defendant or the government may object to a magistrate judge’s proposed findings, recommendations or report under 28 U.S.C. § 636(b)(1)(B) within fourteen (14) days after being served with a copy thereof by following the procedure set forth in 28 U.S.C. § 636(b)(1) (C). The party objecting shall file with the Clerk of Court and serve on the magistrate judge and all parties, a brief, along with written objections which shall specifically identify the portions of the proposed findings, recommendations or report to which objections are made and the basis for such objections. - 29 - (c) A ppeal of Misdemeanor Convictions - 18 U.S.C. §3402. A defendant may appeal from a magistrate judge’s judgment of conviction of a misdemeanor under 18 U.S.C. §3402 within fourteen (14) days after the entry of judgment.

The party appealing shall file with the Clerk of Court, and serve on the magistrate judge and all parties, a brief, along with a notice of appeal which shall set forth the basis for such appeal. The scope of appeal shall be the same as in an appeal from the District Court to the Court of Appeals. Effective January 1, 1999 - 30 -