UNITED STATES of America, Plaintiff-Appellant, v. John Byrnes EVANS, Defendant-Appellee

concurring:

Evans was arrested in Arizona on a warrant arising out of proceedings commenced in the Northern District of West Virginia. After an Arizona magistrate judge ordered Evans detained without bail, Evans sought review of that order in the Arizona district court. The district court ordered Evans released on $100,000 bond. The government appeals, arguing that the Arizona district court did not have jurisdiction to review the magistrate judge’s order. I agree, and so concur generally with Judge Hug’s opinion vacating the district court’s order of release. I write separately to explain my reasoning.

This case raises an issue of first impression: when a magistrate judge from one district issues a detention order for a criminally accused person, what district court has jurisdiction to review that order? The answer requires that we interpret 18 U.S.C. § 3145 (b), which provides that a person detained by a magistrate judge’s order may file a motion for review “with the court having original jurisdiction over the offense.”

All federal district courts have “jurisdiction” over “offenses” committed against the United States. See 18 U.S.C. § 3231 . But section 3145 is more specific…

Opinion by Judge HUG; Concurrence by Chief Judge WALLACE; Dissent by Judge NOONAN.

This appeal concerns an arrest of a defendant in Arizona on a warrant arising out of federal criminal proceedings commenced in the Northern District of West Virginia. A magistrate judge in Arizona entered a deten- , tion order without bail. The defendant sought review in the Arizona district court, and the court ordered that the defendant be released on $100,000 bond. The issue in this appeal is whether the district court in Arizona has authority to review the detention order issued by the Arizona magistrate judge or whether the authority to review that order resides with the district court in West Virginia. We hold that the Arizona district court is without authority to review the detention order and that any review of that order must be by the district court in West Virginia.

We have appellate jurisdiction of the appeal of the Arizona district court’s order under 28 U.S.C. § 1291 , and we vacate that order.

I

In March 1994, the United States District Court for the Northern District of West Virginia issued a warrant for Evans’ arrest. The warrant issued upon the return of an indictment charging…

dissenting:

This case presents a conundrum because of the opaque language employed in 18 U.S.C. § 3145 . My two colleagues have made a reasonable effort to resolve the riddle, but have produced neither decisive authority nor compelling exegesis. While I respect their reasoning, I am led to a different conclusion by the nature of the relation of magistrate judges to Article III judges.

One. The statute in question, 18 U.S.C. § 3145 , gives few clues. It identifies the court that should review the magistrate judge as the court “having original jurisdiction over the offense.” That is an identification distinctly different from the court referred to by Fed.R.Crim.P. 40, which speaks of “the district court in which the prosecution is pending.” In statutory terms the court “having original jurisdiction” of the offense could be any district court of the United States, see 18 U.S.C. § 3231 . The Sixth Amendment to the Constitution, however, permits prosecution of the offense only in the district wherein the crime has been committed, and the usual rules governing venue and jurisdiction limit the district court to which appeal of a bail order could be made, so that under no circumstances…

62 F.3d 1233 95 Cal. Daily Op. Serv. 6441 , 95 Daily Journal D.A.R. 11,035 UNITED STATES of America, Plaintiff-Appellant, v. John Byrnes EVANS, Defendant-Appellee. No. 95-10175. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 18, 1995. Decided Aug. 16, 1995. Robert L. Miskell, Asst. U.S. Atty., Appellate Section, Tucson, AZ, for plaintiff-appellant. Myrna Rodriguez, Law Office of Robert Hooker, Tucson, AZ, for defendant-appellee. Appeal from the United States District Court for the District of Arizona. Before: WALLACE, Chief Judge, HUG and NOONAN, Circuit Judges. Opinion by Judge HUG; Concurrence by Chief Judge WALLACE; Dissent by Judge NOONAN. HUG, Circuit Judge: 1 This appeal concerns an arrest of a defendant in Arizona on a warrant arising out of federal criminal proceedings commenced in the Northern District of West Virginia. A magistrate judge in Arizona entered a detention order without bail. The defendant sought review in the Arizona district court, and the court ordered that the defendant be released on $100,000 bond. The issue in this appeal is whether the district court in Arizona has authority to review the detention order issued by the Arizona…