Page:United States Statutes at Large Volume 114 Part 4.djvu/351

 PUBLIC LAW 106-518—NOV. 13, 2000 114 STAT. 2413 section 3401 of title 18, the magistrate judge shall have the power to punish, by fine or imprisonment, criminal contempt constituting disobedience or resistance to the magistrate judge's lawful writ, process, order, rule, decree, or command. Disposition of such contempt shall be conducted upon notice and hearing under the Federal Rules of Criminal Procedure. " (4) CIVIL CONTEMPT AUTHORITY IN CIVIL CONSENT AND MISDEMEANOR CASES.— In any case in which a United States magistrate judge presides with the consent of the parties under subsection (c) of this section, and in any misdemeanor case proceeding before a magistrate judge under section 3401 of title 18, the magistrate judge may exercise the civil contempt authority of the district court. This paragraph shall not be construed to limit the authority of a magistrate judge to order sanctions under any other statute, the Federal Rules of Civil Procedure, or the Federal Rules of Criminal Procedure. "(5) CRIMINAL CONTEMPT PENALTIES. —The sentence imposed by a magistrate judge for any criminal contempt provided for in paragraphs (2) and (3) shall not exceed the penalties for a Class C misdemeanor as set forth in sections 3581(b)(8) and 3571(b)(6) of title 18. "(6) CERTIFICATION OF OTHER CONTEMPTS TO THE DISTRICT COURT. — Upon the commission of any such act— "(A) in any case in which a United States magistrate judge presides with the consent of the parties under subsection (c) of this section, or in any misdemeanor case proceeding before a magistrate judge under section 3401 of title 18, that may, in the opinion of the magistrate judge, constitute a serious criminal contempt punishable by penalties exceeding those set forth in paragraph (5) of this subsection, or "(B) in any other case or proceeding under subsection (a) or (b) of this section, or any other statute, where— "(i) the act committed in the magistrate judge's ^ presence may, in the opinion of the magistrate judge, constitute a serious criminal contempt punishable by \ penalties exceeding those set forth in paragraph (5) of this subsection, "(ii) the act that constitutes a criminal contempt occurs outside the presence of the magistrate judge, or "(iii) the act constitutes a civil contempt, the magistrate judge shall forthwith certify the facts to a district judge and may serve or cause to be seired, upon any person whose behavior is brought into question under this paragraph, an order requiring such person to appear before a district judge upon a day certain to show cause why that person should not be adjudged in contempt by reason of the facts so certified. The district judge shall thereupon hear the evidence as to the act or conduct complained of and, if it is such as to warrant punishment, punish such person in the same manner and to the same extent as for a contempt committed before a district judge. "(7) APPEALS OF MAGISTRATE JUDGE CONTEMPT ORDERS. — The appeal of an order of contempt under this subsection shall be made to the court of appeals in cases proceeding under subsection (c) of this section. The appeal of any other order

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