Statutes and regulations

Rule 1. Scope; Definitions

Fed. R. Crim. P. 1 · Federal · Court rules

Federal Rules of Criminal Procedure › Rule 1

U.S.C. § 3771(e) was redesignated 18 U.S.C. § 3771(e)(2) by Pub. … . §§ 631–639. (6) “Oath” includes an affirmation. (7) “Organization” is defined in 18 U.S.C. § 18. (8) “Petty offense” is defined in 18 U.S.C. § 19. (9) “State” includes the District of Columbia, and any

Rule 414. Similar Crimes in Child-Molestation Cases

Fed. R. Evid. 414 · Federal · Court rules

Federal Rules of Evidence › Rule 414

In this rule and Rule 415: (1) “child” means a person below the age of 14; and (2) “child molestation” means a crime under federal law or under state law (as “state” is defined in 18 U.S.C. § 513) involving … : (A) any conduct prohibited by 18 U.S.C. chapter 109A and committed with a child; (B) any conduct prohibited by 18 U.S.C. chapter 110; (C) contact between any part of the defendant’s body—or an object—and

Rule 46. Release from Custody; Supervising Detention

Fed. R. Crim. P. 46 · Federal · Court rules

Federal Rules of Criminal Procedure › Rule 46

The provisions of 18 U.S.C. § 3143 govern release pending sentencing or appeal. … The court may dispose of a charged offense by ordering the forfeiture of 18 U.S.C. § 3142(c)(1)(B)(xi) property under 18 U.S.C. § 3146(d), if a fine in the amount of the property’s value would be an appropriate

Rule 413. Similar Crimes in Sexual-Assault Cases

Fed. R. Evid. 413 · Federal · Court rules

Federal Rules of Evidence › Rule 413

In this rule and Rule 415, “sexual assault” means a crime under federal law or under state law (as “state” is defined in 18 U.S.C. § 513) involving: (1) any conduct prohibited by 18 U.S.C. chapter 109A

Rule 59. Matters Before a Magistrate Judge

Fed. R. Crim. P. 59 · Federal · Court rules

Federal Rules of Criminal Procedure › Rule 59

district judge may refer to a magistrate judge for recommendation a defendant’s motion to dismiss or quash an indictment or information, a motion to suppress evidence, or any matter that may dispose of 1 18 … U.S.C. § 3771(e) was redesignated 18 U.S.C. § 3771(e)(2) by Pub.

Rule 38. Staying a Sentence or a Disability

Fed. R. Crim. P. 38 · Federal · Court rules

Federal Rules of Criminal Procedure › Rule 38

the defendant appeals, the district court, or the court of appeals under Federal Rule of Appellate Procedure 8, may stay—on any terms considered appropriate—any sentence providing for restitution under 18 … U.S.C. § 3556 or notice under 18 U.S.C. § 3555. (2) Ensuring Compliance.

Rule 40. Arrest for Failing to Appear in Another District or for Violating Conditions of Release Set in Another District

Fed. R. Crim. P. 40 · Federal · Court rules

Federal Rules of Criminal Procedure › Rule 40

magistrate judge in the district of arrest if the person has been arrested under a warrant issued in another district for: (i) failing to appear as required by the terms of that person’s release under 18 … U.S.C. §§ 3141–3156 or by a subpoena; or (ii) violating conditions of release set in another district.

Rule 612. Writing Used to Refresh a Witness’s Memory

Fed. R. Evid. 612 · Federal · Court rules

Federal Rules of Evidence › Rule 612

Unless 18 U.S.C. § 3500 provides otherwise in a criminal case, an adverse party is entitled to have the writing produced at the hearing, to inspect it, to cross-examine the witness about it, and to introduce

Rule 32. Sentencing and Judgment

Fed. R. Crim. P. 32 · Federal · Court rules

Federal Rules of Criminal Procedure › Rule 32

) the court finds that the information in the record enables it to meaningfully exercise its sentencing authority under 18 U.S.C. § 3553, and the court explains its finding on the record. … , including information relevant to the factors under 18 U.S.C. § 3553(a). (3) Exclusions.

Rule 9. Release in a Criminal Case

Fed. R. App. P. 9 · Federal · Court rules

Federal Rules of Appellate Procedure › Rule 9

The court must make its decision regarding release in accordance with the applicable provisions of 18 U.S.C. §§ 3142, 3143, and 3145(c).

Rule 12.2. Notice of an Insanity Defense; Mental Examination

Fed. R. Crim. P. 12.2 · Federal · Court rules

Federal Rules of Criminal Procedure › Rule 12.2

(A) The court may order the defendant to submit to a competency examination under 18 U.S.C. § 4241. … (B) If the defendant provides notice under Rule 12.2(a), the court must, upon the government’s motion, order the defendant to be examined under 18 U.S.C. § 4242.

Rule 43. Defendant’s Presence

Fed. R. Crim. P. 43 · Federal · Court rules

Federal Rules of Criminal Procedure › Rule 43

The proceeding involves the correction or reduction of sentence under Rule 35 or 18 U.S.C. § 3582(c). (c) Waiving Continued Presence. (1) In General.

Rule G. Forfeiture Actions In Rem

Fed. R. Civ. P. Supp. R. G · Federal · Court rules

Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions › Rule G

If the defendant is real property, the government must proceed under 18 U.S.C. § 985. (b) Other Property; Arrest Warrant. … (ii) In an action governed by 18 U.S.C. § 983(a)(3)(D) the complaint may not be dismissed on the ground that the government did not have adequate evidence at the time the complaint was filed to establish

Rule 32.1. Revoking or Modifying Probation or Supervised Release

Fed. R. Crim. P. 32.1 · Federal · Court rules

Federal Rules of Criminal Procedure › Rule 32.1

The magistrate judge may release or detain the person under 18 U.S.C. § 3143(a)(1) pending further proceedings. … The court’s disposition of the case is governed by 18 U.S.C. § 3563 and § 3565 (probation) and § 3583 (supervised release). (e) Producing a Statement.

Rule 17. Subpoena

Fed. R. Crim. P. 17 · Federal · Court rules

Federal Rules of Criminal Procedure › Rule 17

A marshal, a deputy marshal, or any nonparty who is at least 18 years old may serve a subpoena. … If the witness is in a foreign country, 28 U.S.C. § 1783 governs the subpoena’s service. (f) Issuing a Deposition Subpoena. (1) Issuance.

Rule 2005. Apprehending and Removing a Debtor for Examination

Fed. R. Bankr. P. 2005 · Federal · Court rules

Federal Rules of Bankruptcy Procedure › Rule 2005

The relevant provisions and policies of 18 U.S.C. § 3142 govern the court’s determination of what conditions will reasonably assure attendance and obedience under this Rule 2005.

Rule 20. Transfer for Plea and Sentence

Fed. R. Crim. P. 20 · Federal · Court rules

Federal Rules of Criminal Procedure › Rule 20

A juvenile, as defined in 18 U.S.C. § 5031, may be proceeded against as a juvenile delinquent in the district where the juvenile is arrested, held, or present if: (A) the alleged offense that occurred

Rule 60. Victim’s Rights

Fed. R. Crim. P. 60 · Federal · Court rules

Federal Rules of Criminal Procedure › Rule 60

A victim’s rights described in these rules may be asserted by the victim, the victim’s lawful representative, the attorney for the government, or any other person as authorized by 18 U.S.C. § 3771(d) and

Rule 6. The Grand Jury

Fed. R. Crim. P. 6 · Federal · Court rules

Federal Rules of Criminal Procedure › Rule 6

The motion to dismiss is governed by 28 U.S.C. § 1867(e). … U.S.C. § 3322.

Rule 41. Search and Seizure

Fed. R. Crim. P. 41 · Federal · Court rules

Federal Rules of Criminal Procedure › Rule 41

(D) “Domestic terrorism” and “international terrorism” have the meanings set out in 18 U.S.C. § 2331. (E) “Tracking device” has the meaning set out in 18 U.S.C. § 3117(b). … U.S.C. § 1030(a)(5), the media are protected computers that have been damaged without authorization and are located in five or more districts.