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Sunday, February 06, 2005

No appeal from a magistrate judge's order. Mathew J. Harrison pleaded guilty of conspiring to distribut marajuana. After the plea, the district judge assigned him counsel and released him on $5,000 bond with certain conditions of release. Harrison broke these conditions on several occasions. Because of these violations, the magistrate judge revoked his bail. Harrison made three separate motions for reconsideration to the magistrate judge, which were denied. Harrison filed a notice of appeal from the magistrate judge's detention order. The Court noted that a magistrate judge's ruling on bail is not final and cannot be appealed to the Court of Appeals because it is subject to review by the district court. Hence, the Second Circuit lacked jurisdiction to hear the case and dismissed the appeal. The case in United States v. Harrison can be found here. What surprises me is that Harrison's attorney did not seem to know that he should have seen review from the district court first.

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