How long do I have to file a notice of appeal in a federal criminal case?
A defendant’s notice of appeal must be filed in the district court within 14 days after the later of the entry of the judgment or order being appealed or the filing of the government’s notice of appeal. Fed. R. App. P. 4(b)(1)(A): “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.”
What is the deadline in a federal civil appeal?
In a civil case the notice of appeal must be filed within 30 days after entry of the judgment or order appealed from, and the period is 60 days when the United States or a United States officer or agency is a party, under Fed. R. App. P. 4(a)(1). The statute, 28 U.S.C. § 2107(a), provides: “Except as otherwise provided in this section, no appeal shall bring any judgment, order or decree in an action, suit or proceeding of a civil nature before a court of appeals for review unless notice of appeal is filed, within thirty days after the entry of such judgment, order or decree.”
Do post-trial motions change the appeal deadline?
Yes. Under Fed. R. App. P. 4(b)(3)(A), if a defendant timely moves for judgment of acquittal, a new trial, or arrest of judgment, the notice of appeal from a judgment of conviction must be filed within 14 days after entry of the order disposing of the last such remaining motion, or within 14 days after entry of the judgment of conviction, whichever period ends later. The rule states: “If a defendant timely makes any of the following motions under the Federal Rules of Criminal Procedure, the notice of appeal from a judgment of conviction must be filed within 14 days after the entry of the order disposing of the last such remaining motion, or within 14 days after the entry of the judgment of conviction, whichever period ends later.”
Can the district court extend the time to file a notice of appeal in a criminal case?
Yes, upon a finding of excusable neglect or good cause, for a period not to exceed 30 days from the expiration of the time otherwise prescribed. Fed. R. App. P. 4(b)(4): “Upon a finding of excusable neglect or good cause, the district court may—before or after the time has expired, with or without motion and notice—extend the time to file a notice of appeal for a period not to exceed 30 days from the expiration of the time otherwise prescribed by this Rule 4(b).”
Can new evidence be introduced on appeal?
No. A court of appeals reviews the record made in the district court rather than taking new evidence. Claims that a federal sentence was imposed in violation of the Constitution or laws of the United States are raised collaterally under 28 U.S.C. § 2255, which provides that a prisoner in custody “may move the court which imposed the sentence to vacate, set aside or correct the sentence.”
Are federal appeal deadlines jurisdictional?
The civil statutory period is. In Bowles v. Russell, 551 U.S. 205 (2007), the Supreme Court held: “The taking of an appeal in a civil case within the time prescribed by statute is ‘mandatory and jurisdictional.’” By contrast, in Hamer v. Neighborhood Hous. Servs. of Chicago, 583 U.S. 17 (2017), the Court explained that rule-based deadlines are claim-processing rules: “If a time prescription governing the transfer of adjudicatory authority from one Article III court to another appears in a statute, the limitation is jurisdictional; otherwise, the time specification fits within the claim-processing category.”
What kinds of decisions can be appealed?
Appellate jurisdiction runs to final decisions of the district courts. 28 U.S.C. § 1291 provides: “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.” Review of non-final orders is limited to the exceptions Congress has provided.
Is there a right to counsel on appeal?
Under the Criminal Justice Act, appointed counsel’s representation runs through the appeal. 18 U.S.C. § 3006A(c) provides: “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.”