United States v. Nolan McDermott

MEMORANDUM

Nolan McDermott appeals his misdemeanor conviction for possession of a controlled substance, marijuana, on public lands without a permit or other authorization, in violation of 43 C.F.R. § 8365.1 - 4(b)(2). McDermott argues that the district court erred when it reversed the magistrate judge’s pre-trial order suppressing certain inculpatory statements and physical evidence. Specifically, McDermott argues that the district court (1) applied a de novo standard of review to the magistrate judge’s findings of fact when it should have reviewed for clear error; (2) erroneously concluded that McDermott was not in custody for Miranda purposes; and (3) failed to instruct the magistrate judge to rule on McDermott’s motion to suppress physical evidence under the Fourth Amendment. We have jurisdiction under 28 U.S.C. § 1291 , and we reverse.

1.The district court improperly engaged in de novo review of the magistrate judge’s findings of fact. When a defendant consents to trial on a misdemeanor charge before a magistrate judge, a district court has appellate jurisdiction of the magistrate judge’s rulings. Fed.R. Crim.P. 58(g)(2)(A). It reviews de novo a magistrate judge’s legal…