Magistrate Judge’s Denial of Post-Trial Motions Not Reviewable on Appeal

UNITED STATES V. LAURIA (PAPPAS), NO. 13-269-cr (2D CIR. DEC. 10, 2013) (LIVINGSTON, CARNEY, AND KOELTL) (SUMMARY ORDER), AVAILABLE HERE

The Court in this summary order rejected for lack of jurisdiction a defendant’s appeal from a magistrate judge’s order denying various post-trial motions.  The Court noted that a magistrate judge’s general authority is derived from 18 U.S.C. § 636, which contemplates authority conferred by, among other things, referral from a district judge under certain provisions at subsection (b).  In this case, it was unclear whether referral occurred pursuant to § 636(b)(1)(A), (b)(1)(B), or (b)(3), though it did not matter.  Each provision required the district court to enter a final order, which never occurred.  Absent such a final order, the magistrate judge’s determinations were not reviewable on appeal.