The following excerpt is from U.S. v. Koenig, 912 F.2d 1190 (9th Cir. 1990):
The district court, however, was unimpressed by these out-of-circuit authorities when it explored the subject in United States v. Harris, supra. Part of its reasoning was based on the view that de novo review "both vitiates a magistrate's authority and goes against policies favoring judicial economy that resulted in the delegation of certain matters to magistrates in the first place." 732 F.Supp. at 1033. But the extent of a magistrate's authority, and the extent to which the issue of pretrial detention has been "delegated" to the magistrate, are questions of law that the Thibodeaux line of cases has addressed and answered. There is certainly precedent in other contexts for the delegation of matters to a magistrate, including the conduct of evidentiary hearings, which result in proposed findings of fact subject to de novo review by the district judge. 28 U.S.C. Sec. 636(b)(1).
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