Federal Criminal Appeals
Fourteen days, one circuit, and the appeal waiver everyone is told is final.
Fourteen days from entry of judgment
Federal deadlines are far shorter than state deadlines. Fourteen days is not long to find an appellate attorney, arrange a consultation and retain them — which is why it is better to start the conversation after a finding of guilt and before sentencing, if that option is still open to you. (469) 828-9017
“They told us the plea waived the appeal”
More than ninety percent of federal criminal cases now end in a plea agreement, and most of those agreements contain an appellate waiver. Families are frequently told, on that basis, that there is nothing to be done.
Appellate waivers are real and they are often enforced. They are also not unlimited, they are not always valid, and they do not reach every issue. Whether one forecloses your case is a question about the specific language in your specific agreement — which means it is a question someone has to read before it can be answered.
If you are still pre-plea, a conditional plea can preserve a limited right to appeal — most often used with a pretrial motion such as a motion to suppress. That is a conversation to have with trial counsel now, not after.
Which court hears it
Federal appeals from Texas are heard by the Fifth Circuit Court of Appeals, sitting in New Orleans. An attorney does not need to be in Louisiana to practice there — the appeal is conducted almost entirely through electronic filing, and the case is decided on the strength of the written brief. Niles is admitted in the Fifth, Sixth, Seventh, Eighth, Ninth, Tenth and Eleventh Circuit Courts of Appeals, the Supreme Court of the United States, and every federal district court in Texas; the procedure and core law are the same across them.
Sentencing Guidelines and the presentence report
The Federal Sentencing Guidelines are complicated, and objections to the guideline range and to the presentence report can meaningfully affect a sentence. Those objections also frequently become the foundation of the appeal itself. Bringing an appellate lawyer in at the PSR stage — before sentencing — is one of the few points where the timing genuinely changes what is available later.
Will there be oral argument?
That is the court’s decision, not yours or ours, and most federal appeals are decided on the briefs alone. If argument is granted it will likely be in New Orleans, before three judges — no witnesses, no new evidence. Families are welcome to attend and sit in the public gallery. You are not required to be there.
We understand a federal appeal has to move quickly.
Tell us the district, the date judgment was entered, and whether there was a plea.
The first call is free — a conversation to find out whether we are the right firm for your case, and whether yours is a case we can help with. Someone answers between 8:30 and 6:00 — Lauren, Niles or Grace.
We work either hourly or on a flat fee, and we will tell you which one fits your case on that first call.
If it is easier to write than to talk, email help@appealstx.com. Emailing us does not create an attorney-client relationship, so please do not send confidential details until we have agreed to represent you.
Who would handle it
Niles Illich is board certified in criminal appellate law by the Texas Board of Legal Specialization and has practiced appeals only for fifteen years. He learned the work as a briefing attorney at the First Court of Appeals in Houston — drafting opinions for the justices and, in conference with them, learning which arguments persuade an appellate court and which do not. Grace Shin spent twenty years responding to criminal appeals on behalf of the State.