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Lack of Jurisdiction-Failure to Object

Failure to Object-Appellate court lacks jurisdiction to review a magistrate decision

Court: U.S. 11th Circuit Court of Appeals
Topic: Criminal Law & Procedure
Title: US v. BROWN 01-10323
Date: 08/21/03
Case Number: 01-10323

Upon reconsideration, the panel is of the view that under our circuit precedent
we are bound by Renfro, unless and until it is overruled by this court en banc or
by the Supreme Court. See, e.g., United States v. Steele, 147 F.3d 1316,1317-18
(11th Cir. 1998) (en banc) (“Under our prior precedent rule, a panel cannot overrule
a prior one’s holding . . . .”); Cargill v. Turpin, 120 F.3d 1366, 1386 (11th Cir. 1997)
(“The law of this circuit is ‘emphatic’ that only the Supreme Court or this court sitting
en banc can judicially overrule a prior panel decision.”); see also Bonner v. City of
Prichard, Ala., 661 F.2d 1206, 1210 (11th Cir. 1981) (en banc) (“The decisions of the
former Fifth Circuit, adopted as precedent by the Eleventh Circuit, will, of course, be
subject to the power of the Eleventh Circuit sitting en banc to overrule any such decision.”).2
Accordingly, we reinstate our original opinion.

Summary: Upon remand from the US Supreme Court, where defendant failed to object to or appeal a magistrate judge's decision to the district court, the appellate court lacks jurisdiction to review a magistrate judge's decision, under US v. Renfro, 620 F.2d 497, 500 (5th Cir. 1980). Although the Supreme Court remanded in light of the Solicitor General's argument that appellate courts should have such jurisdiction, Renfro is binding as circuit precedent, unless and until it is overruled by the circuit en banc or by the Supreme Court.

U.S. 11th Circuit Court of Appeals US v BROWN 01-10323

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