Federal Criminal Appeals

When a person is convicted at trial and would like to appeal, notice of this intent to appeal must be filed within 10 days after sentencing.

If you or someone you know would like to appeal a criminal conviction, you should contact an attorney as soon as possible.

The United States Court of Appeals:

The United States Courts of Appeals (or circuit courts) are the mid-level appellate courts of the United States federal court system. A court of appeals decides appeals from the district courts within its federal judicial circuit, and in some instances from other designated federal courts and administrative agencies.

There currently are thirteen United States courts of appeals. The eleven “numbered” circuits and the D.C. Circuit are geographically defined. The thirteenth court of appeal is the United States Court of Appeals for the Federal Circuit, which has nationwide jurisdiction over certain appeals based on subject matter.

Judges of the Courts of Appeals:

As in the district courts, the judges who sit on the courts of appeals are appointed for life by the President with the advice and consent of the Senate. Each court of appeals consists of six or more judges, depending on the caseload of the courts. The judge who has served on the court the longest and who is under 65 years of age is designated as the chief judge, and performs administrative duties in addition to hearing cases. The chief judge serves for a maximum term of seven years. There are 167 judges on the 12 regional courts of appeals.

United States Court of Appeals for the Eleventh Circuit:

The United States Court of Appeals for the 11th Circuit has jurisdiction over federal cases originating in Alabama, Florida, and Georgia. The 11th Circuit includes nine district courts, each state is divided into Northern, Middle, and Southern Districts.

United States Court of Appeals for the Fourth Circuit:

The United States Court of Appeals for the 4th Circuit has jurisdiction over federal cases originating in the District of South Carolina, the Eastern District of North Carolina, the Middle District of North Carolina, the Western District of North Carolina, the Eastern District of Virginia, the Western District of Virginia, the Northern District of West Virginia, the Southern District of West Virginia, and the District of Maryland. The Fourth Circuit is located in Richmond, Virginia.

Briefs Recently Filed in the 4th Circuit:

U.S. v. R.F.: The Defendant was indicted for armed bank robbery in the District of South Carolina at Rock Hill. The issues on appeal are: was an enhancement for obstruction of justice warranted when the defendant did not willfully provide material statements to impede an investigation. Whether the District Court erred by failing to reduce the defendant’s sentence for his acceptance of responsibility and whether the District Court’s failure to address the factors set out in 18 U.S.C. 3553 rendered his sentence unreasonable.

U.S. v. C.F.: The Defendant was indicted for conspiracy to possess with intent to distribute 5 kilograms or more of cocaine and 50 grams or more of crack cocaine in the District of South Carolina at Spartanburg. On appeal, the appellant argued that his plea should be vacated because he did not examine his discovery and presentence investigation report, that he did not waive his right to appeal, and that the factors set out in 18 U.S.C 3553 were not adequately addressed making his sentence unreasonable.

U.S. v. A.R.: The Defendant was indicted in the Western District of North Carolina at Charlotte for illegal reentry by an aggravated felon. He plead guilty and appealed his sentence. The issue on appeal is whether the appellant’s due process rights were violated when the District Court applied a two level enhancement to his criminal history for an outstanding warrant that should have been executed while he was incarcerated.

U.S. v. S.L.: The Defendant was indicted in the District of South Carolina at Anderson for possession of counterfeit securities and conspiracy to possess 5 or more ID cards and aggravated identity theft. On appeal, the appellant argued that his plea should be vacated because Rule 11of the Federal Rules of Criminal Procedure was violated. There was no factual basis for the plea and the format was confusing because the defendant plead guilty with nine other individuals.

U.S. v. H.S.: The Defendant was indicted in the District of South Carolina at Florence for a felon in possession of a firearm and ammunition. On appeal and at oral arguments, the appellant argued that his sentencing enhancement for future dangerousness was obtained in violation of his 5th amendment right to silence and his 6th amendment right to counsel, that the SLED officer who conducted the threat assessment was not a qualified expert pursuant to the standard set out in Daubert and lastly, that his sentence and upward variance was unreasonable and violated the Booker decision.

LINKS:

The United States Court of Appeals for the 4th Circuit:

The United States Court of Appeals for the 11th Circuit:

Federal Rules of Criminal Procedure, Federal Rules of Appellate Procedure, Federal Rules of Evidence

FEDERAL RULES OF APPELLATE PROCEDURE
TITLE II. Appeals From Judgments and Orders Of District Courts

Rule 4. Appeal as of Right in a Criminal Case- When Taken

Appeal in a Criminal Case- In a criminal case, a defendant shall file the notice of appeal in the district court within 10 days after the entry either of the judgment or order appealed from, or of a notice of appeal by the Government. A notice of appeal filed after the announcement of a decision, sentence, or order – but before entry of the judgment or order – is treated as filed on the date of and after the entry. If a defendant makes a timely motion specified immediately below, in accordance with the Federal Rules of Criminal Procedure, an appeal from a judgment of conviction must be taken within 10 days after the entry of the order disposing of the last such motion outstanding, or within 10 days after the entry of the judgment of conviction, whichever is later. This provision applies to a timely motion:
(1) for judgment of acquittal;
(2) for arrest of judgment;
(3) for a new trial on any ground other than newly discovered
evidence; or
(4) for a new trial based on the ground of newly discovered
evidence if the motion is made before or within 10 days after
entry of the judgment.
A notice of appeal filed after the court announces a decision, sentence, or order but before it disposes of any of the above motions, is ineffective until the date of the entry of the order disposing of the last such motion outstanding, or until the date of the entry of the judgment of conviction, whichever is later.

Notwithstanding the provisions of Rule 3(c), a valid notice of appeal is effective without amendment to appeal from an order disposing of any of the above motions. When an appeal by the government is authorized by statute, the notice of appeal must be filed in the district court within 30 days after

(i) the entry of the judgment or order appealed from or

(ii) the filing of a notice of appeal by any defendant.

A judgment or order is entered within the meaning of this subdivision when it is entered on the criminal docket. Upon a showing of excusable neglect, the district court may – before or after the time has expired, with or without motion and notice – extend the time for filing a notice of appeal for a period not to exceed 30 days from the expiration of the time otherwise prescribed by this subdivision.

The filing of a notice of appeal under this Rule 4(b) does not divest a district court of jurisdiction to correct a sentence under Fed. R. Crim. P. 35(c), nor does the filing of a motion under Fed. R. Crim. P. 35(c) affect the validity of a notice of appeal filed before entry of the order disposing of the motion.

(c) Appeal by an Inmate Confined in an Institution. – If an inmate confined in an institution files a notice of appeal in either a civil case or a criminal case, the notice of appeal istimely filed if it is deposited in the institution’s internal mail system on or before the last day for filing. Timely filing may be shown by a notarized statement or by a declaration (in compliance with 28 U.S.C. Sec. 1746) setting forth the date of deposit and stating that first-class postage has been prepaid. In a civil case in which the first notice of appeal is filed in the manner provided in this subdivision (c), the 14-day period provided in paragraph (a)(3) of this Rule 4 for another party to file a notice of appeal runs from the date when the district court receives the first notice of appeal. In a criminal case in which a defendant files a
notice of appeal in the manner provided in this subdivision (c), the 30-day period for the government to file its notice of appeal runs from the entry of the judgment or order appealed from or from the district court’s receipt of the defendant’s notice of appeal.
Source
(As amended Apr. 30, 1979, eff. Aug. 1, 1979; Nov. 18, 1988, Pub. L. 100-690, title VII, Sec. 7111, 102 Stat. 4419; Apr. 30, 1991, eff. Dec. 1, 1991; Apr. 22, 1993, eff. Dec. 1, 1993; Apr. 27, 1995, eff. Dec. 1, 1995.)


Call our office for an Appeal Lawyer in South Carolina, Florida, Georgia. Our appellate attorneys in Charleston, Columbia, Miami, Florence, Myrtle Beach handle federal appeals and state appeals. Our Federal attorneys file appeals for the Fourth Circuit Court of Appeal and the United States Supreme Court.