In a federal criminal appeal, once the sentence is imposed and notice of appeal filed, the appeal ordinarily proceeds directly to the court of appeals.  Appellate counsel reviews the transcripts and record from the district court proceedings.   A federal criminal appeal is generally limited to a mistakes made in the lower court, so the review of the record is a search for lower court errors.  Issues on appeal are raised in a written “brief” that is filed with the appellate court.  In a federal criminal appeal, if the defendant files the appeal, the briefing starts with a brief in chief by the defendant.  The government is permitted the opportunity to file a response brief.  The defendant is then permitted the opportunity to file a reply to the government’s response.  Many federal courts of appeal permits oral argument in federal criminal appeals.  At oral argument, appellate counsel argues the case in person to the appellate panel of judges.  Oral argument is an opportunity to stress certain arguments in the brief and to answer questions by the court.  If the defendant-appellant wins the appeal, the appellate court generally sends the case back to the district court for correction.  The losing party may petition for rehearing, petition for rehearing en banc or petition for writ of certiorari in the United States Supreme Court.   A petition for writ of certiorari is not an appeal to the Supreme Court.  It is a request to the Supreme Court to consider the case.  Just because the Court grants the petition does not mean that it will reverse the lower court. 

Federal Appeal of State Conviction - Habeas Corpus - Title 28 U.S.C., sec. 2254

Federal law permits the challenge of a state conviction or sentence in federal court under some circumstances.  This sort of appeal is generally called a 2254 action.  In a state criminal case, if the defendant has exhausted his opportunities for relief in the state court, the defendant may petition the federal court for a writ of habeas corpus under section 2254.  The rules governing a 2254 action are complex and strict.  If you want to file a 2254 action, you should contact an experienced federal postconviction attorney as soon as possible.

Federal Collateral Attack - Habeas Corpus -  Title 28 U.S.C. sec., 2255

Even if the direct appeal fails, federal law also offers a challenge to a conviction and sentence under Title 28, U.S.C. sec. 2255.  In a federal criminal case, the writ of habeas corpus is filed under section 2255.  The rules governing federal habeas corpus are complex and full of potential traps, including strict deadlines.  If you intend to pursue a writ of habeas corpus under section 2255, you should contact and experienced federal habeas corpus attorney as soon as possible to review the case.

Federal Criminal Appellate Attorney - Federal Criminal Appeals Lawyer - Federal Criminal Appeals Attorney

United States federal courts are divided into districts and circuits, all of which are ultimately overseen by the United States Supreme Court.  The district court is where a federal criminal charge is first heard.  Mistakes in the district court are appealed to the circuit court for that district.  For example, Indianapolis, Indiana is in the Northern District of Indiana.  A federal criminal case in Indianapolis would start in the Northern District of Indiana.  The Northern District of Indiana is in the Seventh Circuit.  Thus, an appeal from such a criminal case would go to the Seventh Circuit Court of Appeals in Chicago, Illinois. 

The districts courts are required to follow the law of the court of appeals for their circuit.  The circuit courts do not always agree on the law.  The United States Supreme Court has the ultimate authority over any disagreement in the circuits.  Disagreements, however, may go on for months or years or more without a decision by the Supreme Court.

The United States Court of Appeals for the First Circuit is located in Boston, Massachusetts.  The First Circuit Court of Appeals hears federal criminal appeals in all federal criminal cases from the following district courts:  District of Maine, District of Massachusetts, District of New Hampshire, District of Puerto Rico, District of Rhode Island.

The United States Court of Appeals for the Second Circuit is located in New York, New York.  The Second Circuit Court of Appeals hears federal criminal appeals in all federal criminal cases from the following district courts: District of Connecticut, Eastern District of New York, Northern District of New York, Southern District of New York, Western District of New York, District of Vermont.

The United States Court of Appeals for the Third Circuit is located in Philadelphia, Pennsylvania.  The Third Circuit Court of Appeals hears federal criminal appeals in all federal criminal cases from the following district courts: District of Delaware, District of New Jersey, Eastern District of Pennsylvania, Middle District of Pennsylvania, Western District of Pennsylvania, District Court of the Virgin Islands.

The United States Court of Appeals for the Fourth Circuit is located in Richmond, Virginia.  The Fourth Circuit Court of Appeals hears federal criminal appeals in all federal criminal cases from the following district courts: District of Maryland, Eastern District of North Carolina, Middle District of North Carolina, Western District of North Carolina, District of South Carolina, Eastern District of Virginia, Western District of Virginia, Northern District of West Virginia, Southern District of West Virginia.

The United States Court of Appeals for the Fifth Circuit is located in New Orleans, Louisiana.  The Fifth Circuit Court of Appeals hears federal criminal appeals in all federal criminal cases from the following district courts: Eastern District of Louisiana, Middle District of Louisiana, Western District of Louisiana, Northern District of Mississippi, Southern District of Louisiana, Eastern District of Louisiana, Eastern District of Texas, Northern  District of Texas, Southern District of Texas, Western District of Texas.

The United States Court of Appeals for the Sixth Circuit is located in Cincinnati, Ohio.  The Sixth Circuit Court of Appeals hears federal criminal appeals in all federal criminal cases from the following district courts: Eastern District of Kentucky, Western District of Kentucky, Eastern District of Michigan, Western District of Michigan, Northern District of Ohio, Southern District of Ohio, Eastern District of Tennessee, Middle District of Tennessee, Western District of Tennessee.

The United States Circuit Court for the Seventh Circuit is located in Chicago, Illinois.  The Seventh Circuit Court of Appeals hears federal criminal appeals in all federal criminal cases from the following district courts: Central District of Illinois, Northern District of Illinois, Southern District of Illinois, Northern District of Indiana, Southern District of Indiana, Eastern District of Wisconsin, Western District of Wisconsin.

The United States Court of Appeals for the Eighth Circuit is located in St. Louis, Missouri.  The Eighth Circuit Court of Appeals hears federal criminal appeals in all federal criminal cases from the following district courts: Eastern District of Arkansas, Western District of Arkansas, Northern District of Iowa, Southern District of Iowa, District of Minnesota, Eastern District of Missouri, Western District of Missouri, District of Nebraska, District of North Dakota, District of South Dakota

The United States Court of Appeals for the Ninth Circuit is located in San Francisco, California.  The Ninth Circuit Court of Appeals hears federal criminal appeals in all federal criminal cases from the following district courts: District of Alaska, District of Arizona, Central District of California, Eastern District of California, Northern District of California, Southern District of California, District of Hawaii, District of Idaho, District of Montana, District of Nevada, District of Oregon, Eastern District of Washington, Western District of Washington, District Court of Guam, District of the Northern Mariana Islands.

The United States Court of Appeals for the Tenth Circuit is located in Denver, Colorado. The Tenth Circuit Court of Appeals hears federal criminal appeals in all federal criminal cases from the following district courts: District of Colorado, District of Kansas, District of New Mexico, Eastern District of Oklahoma, Northern District of Oklahoma, Western District of Oklahoma, District of Utah, District of Wyoming.

The United States Court of Appeals for the Eleventh Circuit is located in Atlanta, Georgia. The Eleventh Circuit Court of Appeals hears federal criminal appeals in all federal criminal cases from the following district courts: Middle District of Alabama, Northern District of Alabama, Southern District of Alabama, Middle District of Florida, Northern District of Florida, Southern District of Florida, Middle District of Georgia, Northern District of Georgia, Southern District of Georgia.

The United States Court of Appeals for the DC Circuit is located in Washington, DC. The D.C. Circuit Court of Appeals hears federal criminal appeals in all federal criminal cases from the Federal District Court in Washington, DC.

Attorney Robert T. Ruth represents people in federal criminal matters.

For more information about his law practice, visit www.madisonattorney.com.