072443P.pdf   08/27/2008  United States  v.  Daniel Azure
   U.S. Court of Appeals Case No:  07-2443
   District of North Dakota - Fargo   
   [PUBLISHED] [Shepherd, Author, with Melloy and Gruender, Circuit Judges]
   Criminal case - criminal law and sentencing. Lack of proper
   designation of a magistrate judge pursuant to 18 U.S.C. Sec. 3401(i) to
   conduct a revocation constitutes a procedural error, not a jurisdictional
   error, because the district court retains jurisdiction throughout the matter
   and the magistrate's report and recommendation is subject to meaningful
   review; by failing to challenge the procedural defect prior to this appeal,
   defendant waived his right to raise it as basis for relief from the district
   court's order revoking his supervised release; defendant failed to
   overcome the presumption that the district court conducted a de novo
   review of the report and recommendation as the court stated it had
   reviewed the record, pleadings and affidavits; defendant waived his
   argument that he was denied allocution when he failed to raise the issue
   in his opening brief; viewing the district court's order as a whole,
   defendant's sentence was based on his violation of the terms of his
   supervised release and was part of the penalty for his initial offense.