◆ SpookStack

* magistrate judge, arguing, inter alia, that the evidence was insufficient to sustain a conviction.2 The magistrate judge denied Rosario's post-trial motions. See United States v. Rosario, Crim. No. 94-5050K-01 (D.N.J. May 9, 1995).3 On June 2, 1995, the magistrate judge sentenced Rosario to sight months in prison on both counts to be served 2. Rosario also moved for a new trial on both counts based upon the magistrate judge's allegedly erroneous ruling on her motion in limine. 3. The magistrate judge had jurisdiction to serve as trial judge over Rosario's trial pursuant to 18 U.S.C. § 3401, which allows a magistrate judge to try and sentence persons accused and convicted of misdemeanor offenses. 4 concurrently.4 At the time of sentencing, Rosario was already serving a one-year sentence for an unrelated bribery conviction. Rosario then appealed the magistrate judge's decision to the district court pursuant to 18 U.S.C. § 3402.5 The district court affirmed Rosario's conviction and sentence in all respects. See United States v. Rosario, Crim. No. 96-277 * (D.NJ. April 3, 1996). On this appeal, Rosario's primary http://vis.law.vill.edu/locator/3d/July1997/97a1636p.htm Page 7 of 29 5/10/2005