United States v. Frank F. Colacurcio, Sr.

PREGERSON, Circuit Judge:

Defendant Frank F. Colaeurcio appeals the district court’s order revoking his probation in a felony case and sentencing him to 36 months imprisonment. A federal magistrate judge held a probation revocation hearing under a district court local rule without defendant’s consent. After .the hearing, the magistrate judge filed a report and recommendation, which the district court adopted. The district court had jurisdiction under 18 U.S.C. § 3231 (1996). We have jurisdiction under 28 U.S.C. § 1291 (1996).

We must decide whether a magistrate judge has authority under the…