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Circuit split · criminal procedure

What demonstration of a defendant's consent is required to delegate jury selection (voir dire) to a magistrate judge under Peretz v. United States

1 federal appellate case on this question, each acknowledging the disagreement in its own words.

  1. Fifth Circuit Court of Appeals · March 30, 2007

    “The ambiguity in Peretz has led to a circuit split on what demonstration of consent is required to delegate jury selection.” — Acknowledges a circuit split
    Empirical analysis of this case →

The provision at issue

28 U.S.C. § 636 — Jurisdiction, powers, and temporary assignment
“(a) Each United States magistrate judge serving under this chapter shall have within the district in which sessions are held by the court that appointed the magistrate judge, at other places where that court may function, and elsewhere as authorized by law— (1) all powers and duties conferred or imposed upon United States commissioners by law or by the Rules of Criminal Procedure for the United States District Courts; (2) the power to administer oaths and affirmations, issue orders pursuant to section 3142 of title 18 concerning release or …”
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The other side of the split

Decisions the acknowledging court(s) named as the opposing or joined side, quoted in the acknowledging opinion's own words.

  • On the other side · 11th Cir.United States v. Maragh174 F.3d 1202
    “Maragh, 174 F.3d 1202 (11th Cir.1999), which presented a factual scenario similar to this case.” — United States v. Gonzalez, acknowledging the split
  • On the other side · 1st Cir.United States v. Desir273 F.3d 39

What the split turns on

Anchor precedents:
Peretz v. United States111 S.Ct. 2661
Doctrines & tests:
'additional duties' clause ·
plain error

Cases are grouped by the legal question they announce a split on, classified from the court's own acknowledgment sentence. Verified acknowledgments only. Counter-side decisions are extracted from the acknowledging opinions' own text and linked only when the citation resolves in this corpus. See all circuit splits.