Page:United States Statutes at Large Volume 76A.djvu/610

–514– -514(c) Disqualification of magistrate Except as provided by section 3961 of this title, if the criminal contempt charged involves disrespect to, or criticism of, a magistrate, that magistrate is disqualified from presiding at the trial or hearing except with the consent of the person charged with the contempt. (d) Pleas Where an order to show cause is made, the person charged with criminal contempt may, not later than one day before the return day of the order, or within such time as the court may allow, serve an answer or answering affidavit, or he may plead orally at the hearing. § 3963. Judgment Upon a finding of guilt in a criminal contempt proceeding, the magistrate's court shall enter a judgment fixing the punishment. CHAPTER 213—INFORMATION; DISMISSAL OF ACTIONS SUBCHAFTBB I—INFORMATION See.

4011. 4012. 4013. 4014.

Offenses prosecuted by information. Investigation by United States attorney after preliminary examination. Filing information after investigation. Bemanding cause to magistrate. SUBCHAPTER II

DISMISSAL OF ACTIONS

4051. Dismissal by attorney for Government. 4052. Dismissal by court for want of prosecution; continuance. 4053. Discharge of defendant upon dismissal of action.

Subchapter I—Information § 4011. Offenses prosecuted by information (a) Every offense of which the district court has original jurisdiction shall be prosecuted by information signed by the United States attorney, or in his absence by an assistant United States attorney. (b) The following provisions of the Federal Rules of Criminal Procedure do not apply to the district court: (1) Rule 6, relating to the grand jury; (2) Rule 7, subdivisions (a) and (b), relating to use of indictment or information and to waiver of indictment; and (3) all other provisions relating to an indictment or to a grand jury. § 4012. Investigation by United States attorney after preliminary ejcamination When a defendant has been held to answer in the district court or discharged by a magistrate upon preliminary examination as provided by sections 3801 and 3802 of this title, the United States attorney may, within 20 days thereafter, issue subpoenas for witnesses and examine the witnesses under oath as to the offense charged. The examination shall be conducted in private. § 4013. Filing information after investigation If it appears from the investigation that a public offense has been committed, and that there is sufficient cause to believe the defendant guilty thereof, the United States attorney shall, within the 20-day perioa, file an information against the person in the division of the district court in which the offense is triable, charging the defendant with the offense.

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