Can I appeal a sentencing in a federal criminal case?

Q: What happens in an appeal in a federal criminal case?

A: If you’ve been convicted and sentenced in federal court, you may want to appeal. Here’s a brief overview of how federal criminal appeals work.

Filing a Notice of Appeal

First, after sentencing, you must file a notice of appeal within 14 days of the sentence being imposed or the judgment being issued. Courts are very strict about this deadline, and missing it is not an option. After filing, you’ll need to submit some docketing statements and initial documents so the clerk’s office can manage the case, and the court reporter will prepare transcripts if they haven’t done so already.

Preparing the Briefs

About 45 days after these steps, the court will issue a briefing schedule, giving you 45 days to file your opening brief. In this document, your lawyer will outline what happened in the trial court, what was wrong, and why the court should order a different result. It’s a detailed document with citations to previous proceedings and other cases, aiming to persuade the court that what happened was wrong or illegal and needs correction.

Government’s Response and Reply Brief

After your brief is submitted, the government will file its brief, responding to your arguments. You’ll then have a few weeks to file a reply brief, addressing the government’s points and reinforcing your own.

Review by Judges

The appeal then goes to a panel of three federal circuit judges, who have life-tenure. They will review the pleadings and may order oral arguments, where both sides can present their cases.