context: A district court typically has broad discretion to refer evidentiary hearings to a magistrate judge. However, as the magistrate judge explicitly recognized in this case, his authority during the bond revocation hearing was limited to a determination of whether probable cause supported a finding that Schlosser violated the terms of his bond.
citation_a.signal: see
citation_a.identifier: 453 F.3d 1024, 1026
citation_a.parenthetical: explaining that the standard of proof at sentencing is preponderance of the evidence
citation_a.sentence: See 18 U.S.C. § 3148(b). Thus, had the district court relied on the magistrate judge’s findings of fact as proof by a preponderance of the evidence that Schlosser engaged in the conduct underlying the bond violations, that would be error. See United States v. Brown, 453 F.3d 1024, 1026 (8th Cir.2006) (explaining that the standard of proof at sentencing is preponderance of the evidence); see also Gomez v. United States, 490 U.S. 858, 876, 109 S.Ct. 2237, 104 L.Ed.2d 923 (1989) (explaining that a basic fair trial right “is a defendant’s right to have all critical stages of a criminal trial conducted by a person with jurisdiction to preside”).
citation_b.signal: see also
citation_b.parenthetical: explaining that a basic fair trial right "is a defendant's right to have all critical stages of a criminal trial conducted by a person with jurisdiction to preside"
citation_b.sentence: See 18 U.S.C. § 3148(b). Thus, had the district court relied on the magistrate judge’s findings of fact as proof by a preponderance of the evidence that Schlosser engaged in the conduct underlying the bond violations, that would be error. See United States v. Brown, 453 F.3d 1024, 1026 (8th Cir.2006) (explaining that the standard of proof at sentencing is preponderance of the evidence); see also Gomez v. United States, 490 U.S. 858, 876, 109 S.Ct. 2237, 104 L.Ed.2d 923 (1989) (explaining that a basic fair trial right “is a defendant’s right to have all critical stages of a criminal trial conducted by a person with jurisdiction to preside”).