Bruce A. Campbell v. United States District Court for the Northern District of California

On Petition for a Writ of Mandamus

Before DUNIWAY and CARTER, Circuit Judges, and SOLOMON, District Judge.

This case presents a problem of great importance in the administration of justice in the area of criminal law. The question presented by way of a petition for mandamus is whether an order of reference in a criminal case to a magistrate to hold an evidentiary hearing on a motion to suppress, and to make findings of fact and recommend conclusions of law, is valid.

Petitioner raises two questions:

(1) Is the statute, 28 U.S.C. § 636 , under which the reference was made, constitutional as applied ?

(2) Is the order of reference within the scope of the statute ?

At the argument petitioner contended that the district court abused its discretion in making the order of reference. The contention was not presented by the petition for the writ, nor briefed on this appeal. It has no merit.

We deny the petition for a writ of mandamus.

I

Procedural Background

A criminal case, United States v. Bruce A. Campbell, was pending before the United States District Court for the Northern District of California. Campbell, the petitioner herein, filed a motion to suppress evidence.…