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REVISED, July 29, 1998, UNITED STATES COURT OF APPEALS for the Fifth Circuit No. 96-40634 LORENZO COLSON, Plaintiff-Appellee, and YOLANDA MICHELLE COLSON, Individually and as Next Friend of Lauren
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DAVIS, District Judge. S. D. CUMMINGS and S. C. LINDEN, Assistant Federal Public Defenders, and B. L. TRIES, Assistant United States Attorneys, Dallas, TX, for Plaintiff-Appellee Lauren Colson. B. B. SHERLOCK, Assistant United States Attorney, Dallas, TX, for Defendant-Appellant Bryan Barnhart. D. V. GRAFFITI, Attorney for the United States, Fort Worth, TX, and E. D. HEMPHILL, Assistant United States Attorney, Dallas, TX, for Plaintiff-Appellee Quinton Colson. R. P. ROCKWELL, Attorney for the United States, Fort Worth, TX, and B. L. TRIES, Assistant United States Attorneys, Dallas, TX, for Defendants-Appellants Bryan Barnhart and E. D. Chm ell. EDWARD R. BOHR, United States Magistrate Judge, Austin, Texas, for the Court. OPINION 1:05 — 4-4 The principal issue on this plea court docket is the appropriate role of a federal magistrate judge in reviewing a plea agreement. This Court must first determine whether the Agreement is constitutionally permissible, a second question to determine whether the judge properly weighed the parties' interests in the agreement, a third question to consider the reasons why the District Court declined to exercise its inherent power to review the agreement on its merits and a fourth question to consider how the United States should exercise its sovereign power to seek damages for the harm caused by the plea court docket. The United States has filed a reply brief. I FINDING. I conclude that the United States properly granted Barnhart a limited waiver of its sovereign power to seek damages. As a preliminary matter, I agree with the district court that when it entered a Rule 41 hearing on the record, the district court lacked jurisdiction to enter the plea agreement on its own. As noted, this Court's Rule 41 procedure requires the appearance of a federal officer, even in a case that is not subject to the federal magistrate judge's jurisdiction. In addition, the United States should not be allowed to ignore the United States Marshal's decision to refuse to sign a final judgment as a finding of fact.

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