A federal criminal appeal is a request to a United States court of appeals to review the judgment of a district court for legal error. It is not a retrial: the appellate court works from the record made in the district court, and review is shaped by the Federal Rules of Appellate Procedure and the jurisdictional statutes in Title 28 of the United States Code.

Finality and 28 U.S.C. § 1291

Jurisdiction over appeals from district court judgments rests on finality:

“The courts of appeals (other than the United States Court of Appeals for the Federal Circuit) shall have jurisdiction of appeals from all final decisions of the district courts of the United States, the United States District Court for the District of the Canal Zone, the District Court of Guam, and the District Court of the Virgin Islands, except where a direct review may be had in the Supreme Court.” — 28 U.S.C. § 1291

How an Appeal Begins

A defendant initiates an appeal by filing a notice of appeal in the district court. Federal Rule of Appellate Procedure 4(b)(1)(A) states the criminal deadline:

“In a criminal case, a defendant’s notice of appeal must be filed in the district court within 14 days after the later of: (i) the entry of either the judgment or the order being appealed; or (ii) the filing of the government’s notice of appeal.” — Fed. R. App. P. 4(b)(1)(A)

In a civil case the default period is 30 days after entry of the judgment or order appealed from, extended to 60 days when the United States or a United States officer or agency is a party, under Federal Rule of Appellate Procedure 4(a)(1).

The Right to Counsel on Appeal

The Criminal Justice Act governs the appointment of counsel in federal criminal proceedings, and its duration provision reaches the appeal:

“A person for whom counsel is appointed shall be represented at every stage of the proceedings from his initial appearance before the United States magistrate judge or the court through appeal, including ancillary matters appropriate to the proceedings.” — 18 U.S.C. § 3006A(c)

Post-Conviction Relief: 28 U.S.C. § 2255

Beyond the direct appeal, a federal prisoner may challenge a sentence collaterally under 28 U.S.C. § 2255:

“A prisoner in custody under sentence of a court established by Act of Congress claiming the right to be released upon the ground that the sentence was imposed in violation of the Constitution or laws of the United States, or that the court was without jurisdiction to impose such sentence, or that the sentence was in excess of the maximum authorized by law, or is otherwise subject to collateral attack, may move the court which imposed the sentence to vacate, set aside or correct the sentence.” — 28 U.S.C. § 2255(a)

Primary sources

Publisher: Federal Appeals Research Desk — Federal Appeals Research Desk.