Skip to content
LexBuild

18 USC § 3402 - Rules of procedure, practice and appeal 1 

---
identifier: "/us/usc/t18/s3402"
source: "usc"
legal_status: "official_legal_evidence"
title: "18 USC § 3402 - Rules of procedure, practice and appeal 1"
title_number: 18
title_name: "CRIMES AND CRIMINAL PROCEDURE"
section_number: "3402"
section_name: "Rules of procedure, practice and appeal 1"
chapter_number: 219
chapter_name: "TRIAL BY UNITED STATES MAGISTRATE JUDGES"
part_number: "II"
part_name: "CRIMINAL PROCEDURE"
positive_law: true
currency: "119-84"
last_updated: "2026-04-21"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(June 25, 1948, ch. 645, 62 Stat. 831; Pub. L. 90–578, title III, § 302(b), Oct. 17, 1968, 82 Stat. 1116; Pub. L. 100–702, title IV, § 404(b)(2), Nov. 19, 1988, 102 Stat. 4651; Pub. L. 101–650, title III, § 321, Dec. 1, 1990, 104 Stat. 5117.)"
---

# 1 Rules of procedure, practice and appeal 1

Section catchline was not amended to conform to change made in text by

.

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 Credit**: (June 25, 1948, ch. 645, 62 Stat. 831; Pub. L. 90–578, title III, § 302(b), Oct. 17, 1968, 82 Stat. 1116; Pub. L. 100–702, title IV, § 404(b)(2), Nov. 19, 1988, 102 Stat. 4651; Pub. L. 101–650, title III, § 321, Dec. 1, 1990, 104 Stat. 5117.)

### Historical and Revision Notes

Based on title 18 U.S.C., 1940 ed., § 576a (, ).

## Editorial Notes

### Amendments

1988— 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— 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.

## Statutory Notes and Related Subsidiaries

### Change of Name

“United States magistrate judge” and “magistrate judge” substituted for “United States magistrate” and “magistrate”, respectively, in text pursuant to , set out as a note under , Judiciary and Judicial Procedure.

### Effective Date of 1988 Amendment

Amendment by  effective , see , set out as a note under , Judiciary and Judicial Procedure.

### Effective Date of 1968 Amendment

Amendment by  effective , 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  on , see , set out as a note under , Judiciary and Judicial Procedure.