(b) The appeal in cases under this section shall be taken within 10 days after the decision, ruling, or judgment has been rendered by filing in the magistrate's court a written notice of appeal reflecting the basis or bases for the appeal. The appeal shall be diligently prosecuted. (c) Pending the prosecution and determination of the appeal under this section, the defendant shall be admitted to bail on his own recognizance. (d) Upon the perfection of the appeal, the magistrate shall promptly transmit to the district court certified copies of the warrant and complaint together with the transcript of the proceedings reflecting the decision, ruling, or judgment and the magistrate's basis or bases for it, and a copy of the notice of appeal filed with the magistrate's court. (e) The district court may affirm, modify, vacate, set aside, or reverse a decision, ruling, or judgment lawfully brought before it for review under this section, and may remand the cause and direct the entry of such appropriate decision, ruling, or judgment, or require such further proceedings to be had as may be just under the circum stances. § 3927. Withdrawal of appeal by defendant At any time before a trial de novo begins, a defendant who has appealed may give notice in writing to the district court that he withdraws the appeal. Upon receiving the notice, the clerk of the district court shall return to the magistrate, from whose judgment the appeal was taken, all papers forwarded pursuant to section 3923 of this title and a certified copy of defendant's notice of withdrawal. Upon receiving these papers, the magistrate shall forthwith take action to enforce the judgment. Subchapter IV-Criminal Contempts § 3961. Summary disposition A criminal contempt of a magistrate's court may be punished summarily if the magistrate certifies that he saw or heard the conduct constituting the contempt and that it was committed in the actual presence of the court, or in all instances of failure to obey a summons or subpoena of the court if properly served. The order of contempt shall recite the facts and shall be signed by the magistrate and entered in the criminal docket after the defendant is given an opportunity to be heard. § 3962. Disposition; notice and hearing (a) Form of notice; how given Except as provided by section 3961 of this title, a criminal contempt of a magistrate's court shall be prosecuted on notice, and if it occurs in a cause it shall be prosecuted in the cause in which it occurs. The notice shall state the time and place of hearing, allowing a reasonable time for the preparation of the defense, and shall state the essential facts constituting the contempt charged. The notice may be given orally by the magistrate in open court in the presence of the person charged with criminal contempt or, on application of the United States attorney or of an attorney appointed by the magistrate's court for that purpose, by an order to show cause or an order of arrest. (b) Bail If the person charged with criminal contempt gives a good and sufficient bond, or cash deposit in lieu thereof, for his appearance at the hearing, approved by the magistrate, he shall be admitted to bail pending the hearing. (c) Disqualification of magistrate Except as provided by section 3961 of this title, if the criminal contempt charged involves disrespect to, or criticism of, a magistrate, that magistrate is disqualified from presiding at the trial or hearing except with the consent of the person charged with the contempt. (d) Pleas Where an order to show cause is made, the person charged with criminal contempt may, not later than one day before the return day of the order, or within such time as the court may allow, serve an answer or answering affidavit, or he may plead orally at the hearing. § 3963. Judgment Upon a finding of guilt in a criminal contempt proceeding, the magistrate's court shall enter a judgment fixing the punishment. CHAPTER 213-INFORMATION; DISMISSAL OF ACTIONS Sec. SUBCHAPTER I—INFORMATION 4011. Offenses prosecuted by information. 4012. Investigation by United States attorney after preliminary examination. 4013. Filing information after investigation. 4014. Remanding cause to magistrate. SUBCHAPTER II-DISMISSAL OF ACTIONS 4051. Dismissal by attorney for Government. 4052. Dismissal by court for want of prosecution; continuance. 4053. Discharge of defendant upon dismissal of action. Subchapter I-Information § 4011. Offenses prosecuted by information (a) Every offense of which the district court has original jurisdiction shall be prosecuted by information signed by the United States attorney, or in his absence by an assistant United States attorney. (b) The following provisions of the Federal Rules of Criminal Procedure do not apply to the district court: (1) Rule 6, relating to the grand jury; (2) Rule 7, subdivisions (a) and (b), relating to use of indictment or information and to waiver of indictment; and (3) all other provisions relating to an indictment or to a grand jury. § 4012. Investigation by United States attorney after preliminary examination When a defendant has been held to answer in the district court or discharged by a magistrate upon preliminary examination as provided by sections 3801 and 3802 of this title, the United States attorney may, within 20 days thereafter, issue subpoenas for witnesses and examine the witnesses under oath as to the offense charged. The examination shall be conducted in private. § 4013. Filing information after investigation If it appears from the investigation that a public offense has been committed, and that there is sufficient cause to believe the defendant guilty thereof, the United States attorney shall, within the 20-day period, file an information against the person in the division of the district court in which the offense is triable, charging the defendant with the offense. § 4014. Remanding cause to magistrate If the offense committed is within the original jurisdiction of a magistrate's court, the cause shall be remanded thereto for proceedings therein as prescribed by law. Subchapter II-Dismissal of Actions § 4051. Dismissal by attorney for Government (a) After a defendant has been held to answer in the district court by a magistrate upon preliminary examination, if it appears from the investigation of the United States attorney under section 4012 of this title that a public offense has not been committed or that there is not sufficient cause to believe the defendant guilty, the United States attorney shall, within the 20-day period specified in section 4012 of this title, file with the committing magistrate an order that the defendant be discharged, and the magistrate shall forthwith enter an order discharging the defendant. (b) After the filing of an information, the United States attorney may by leave of court file a dismissal of the information and the prosecution shall thereupon terminate. The dismissal may not be filed during the trial without the consent of the defendant. (c) In an action triable in a magistrate's court, the United States attorney may file a dismissal of the complaint at any time without leave of court. § 4052. Dismissal by court for want of prosecution; continuance (a) Unless good cause to the contrary is shown, the prosecution shall be dismissed: (1) by a magistrate's court, where a person has been held to answer for a public offense if an information is not filed against him within 20 days thereafter; (2) by the district court, if a defendant, whose trial has not been postponed upon his application, is not brought to trial in the district court within 120 days after the filing of the information; or (3) by a magistrate's court, if a defendant, whose trial has not been postponed upon his application, is not brought to trial in a magistrate's court within 15 days after he is arrested and brought within the jurisdiction of the court. (b) If the defendant is not charged or tried as provided in subsection (a) of this section, and sufficient reason therefor is shown, the court may order the action to be continued from time to time, and in the meantime may discharge the defendant from custody on his own undertaking or bail for his appearance to answer the charge at the time to which the action is continued. § 4053. Discharge of defendant upon dismissal of action If the district court or a magistrate's court directs the action to be dismissed, the defendant shall, if in custody, be discharged therefrom; or if admitted to bail, his bail is exonerated, or the money deposited in lieu of bail shall be refunded to him. Sec. CHAPTER 215-MODE OF TRIAL; TRIAL JURY 4091. Plea and motions upon which issues of fact arise. 4092. Jury trial in criminal cases. 4093. Definition and kinds of challenge. 4094. Panel defined. 4095. Challenge to panel; who may challenge. 4096. Grounds of challenge to panel. 4097. Time and method of challenge to panel. 4098. Exception to challenge to panel. 4099. Determination on exception to challenge to panel. 4100. Denial of challenge to panel and trial thereon. 4101. Challenge to panel for bias of summoning officer. 4102. Effect of allowance or disallowance of challenge to panel. 4103. Informing defendant as to time to challenge individual juror. 4104. Kinds of challenge to individual juror. 4105. Time for challenge to individual juror. 4106. Peremptory challenge. 4107. Number of peremptory challenges; waiver. 4108. Challenge for cause; kinds. 4109. General causes of challenge. 4110. Particular causes of challenge. 4111. Challenge for implied bias. 4112. Exemption from service as cause of challenge. 4113. Form and entry of challenge. 4114. Exception to or denial of challenge. 4115. Trial of challenge to individual juror. 4116. Examination of juror and witnesses. 4117. Allowance or disallowance of challenge. § 4091. Plea and motions upon which issues of fact arise An issue of fact arises in a criminal action upon a: (1) plea of not guilty; (2) motion raising the defense of a former conviction or acquittal of the same offense; or (3) motion raising the defense of once in jeopardy. § 4092. Jury trial in criminal cases Issues of fact in criminal cases within the original jurisdiction of the district court shall be tried by jury, unless a trial by jury is waived in the manner provided by Rule 23(a) of the Federal Rules of Criminal Procedure. $4093. Definition and kinds of challenge A challenge is an objection made to the trial jurors, and is of two kinds: (1) to the panel; and (2) to an individual juror. § 4094. Panel defined The panel is a list of jurors returned by the marshal to serve for a particular period or for the trial of a particular action. § 4095. Challenge to panel; who may challenge A challenge to the panel is an objection made to all the jurors returned, and may be taken by either party. § 4096. Grounds of challenge to panel A challenge to the panel may be founded only on: (1) a material departure from the forms prescribed with respect to the drawing and return of the jury; or (2) the intentional omission of the marshal to summon one or more of the jurors drawn. § 4097. Time and method of challenge to panel A challenge to the panel may be taken only before a juror is sworn and shall be in writing or be noted by the reporter. It shall plainly and distinctly state the facts constituting the ground of challenge. § 4098. Exception to challenge to panel If the sufficiency of the facts alleged as ground of the challenge to the panel is denied the adverse party may except to the challenge. The exception need not be in writing but shall be entered on the minutes of the court or of the reporter and thereupon the court shall proceed to try the sufficiency of the challenge, assuming the facts alleged therein to be true. § 4099. Determination on exception to challenge to panel If on exception to the challenge to the panel the court finds the challenge sufficient, it may if justice requires it permit the party excepting to withdraw his exception and to deny the facts alleged in the challenge. If exception is allowed the court may in like manner permit an amendment of the challenge. § 4100. Denial of challenge to panel and trial thereon If the challenge to the panel is denied, the denial may be oral and shall be entered on the minutes of the court or of the reporter and the court shall proceed to try the question of fact. Upon the trial the officers, whether judicial or ministerial, whose irregularity is complained of, as well as any other persons, may be examined to prove or disprove the facts alleged as the ground of the challenge. § 4101. Challenge to panel for bias of summoning officer If the panel is formed from persons whose names are not drawn as jurors, a challenge may be taken to the panel on account of any bias of the officer who summoned them which would be good ground of challenge to a juror. The challenge shall be made in the same form and determined in the same manner as if made to a juror. § 4102. Effect of allowance or disallowance of challenge to panel If, either upon an exception to the challenge to the panel or a denial of the facts, the challenge is allowed, the court shall discharge the jury as far as the trial in question is concerned. If it is disallowed, the court shall direct the jury to be impaneled. § 4103. Informing defendant as to time to challenge individual juror Before a juror is called the defendant shall be informed by the court, or under its direction, that if he intends to challenge an individual juror he must do so when the juror appears and before he is sworn. 8 4104. Kinds of challenge to individual juror A challenge to an individual juror is either: (1) peremptory; or (2) for cause. 84105. Time for challenge to individual juror A challenge to an individual juror shall be taken when the juror appears and before he is sworn to try the cause; but the court may for cause permit it to be taken after the juror is sworn and before the jury is completed. § 4106. Peremptory challenge A peremptory challenge may be taken by either party and may be oral. It is an objection to a juror for which no reason need be given but upon which the court must exclude him. § 4107. Number of peremptory challenges; waiver Upon a trial by jury in a criminal case, the parties are entitled to peremptory challenges to the extent authorized by Rule 24 (b) of the Federal Rules of Criminal Procedure. A waiver of a challenge by either party precludes him, except by consent of court, from |