Federal Appeals

Understanding Federal Appeals

A federal criminal conviction does not have to be the final word. The federal appellate process provides an important mechanism for challenging convictions and sentences that resulted from legal errors. Our appellate attorneys have extensive experience before the United States Courts of Appeals and are skilled at identifying and presenting the legal issues that can result in reversed convictions, vacated sentences, and new trials.

The Federal Appeals Process

Federal criminal appeals are filed in the United States Court of Appeals for the circuit in which the conviction occurred. A notice of appeal must be filed within 14 days of the judgment. The appellate process involves a thorough review of the trial record, identification of legal errors, preparation of written briefs, and in many cases, oral argument before a panel of three circuit judges. The standard of review varies depending on the type of error alleged, with some issues reviewed de novo and others for abuse of discretion or plain error.

Common Grounds for Federal Appeals

Federal criminal appeals can be based on a wide range of legal errors, including constitutional violations (Fourth Amendment search and seizure issues, Fifth Amendment self-incrimination issues, Sixth Amendment right to counsel issues), evidentiary errors (improper admission or exclusion of evidence), instructional errors (incorrect jury instructions), prosecutorial misconduct, ineffective assistance of counsel, sentencing errors (misapplication of the Federal Sentencing Guidelines, procedural unreasonableness, substantive unreasonableness), and sufficiency of the evidence. Each ground requires different analysis and briefing strategies.

Post-Conviction Relief

In addition to direct appeals, our firm handles post-conviction motions under 28 U.S.C. Section 2255, which allows federal prisoners to challenge their convictions or sentences based on constitutional violations, jurisdictional errors, or sentences in excess of the maximum authorized by law. Section 2255 motions are the primary vehicle for raising claims of ineffective assistance of counsel, newly discovered evidence, and retroactive changes in the law. We also handle compassionate release motions under 18 U.S.C. Section 3582(c)(1)(A).

Appellate work requires different skills than trial advocacy. Our appellate attorneys are skilled legal writers and researchers who know how to frame issues persuasively for appellate judges. If you or a loved one has been convicted in federal court, contact us to discuss your appellate options.

Defense Strategies We Use

Frequently Asked Questions