Appealing a Federal Criminal Conviction

By Thomas E. Caldwell

A federal criminal appeal must be filed within 14 days of judgment under Federal Rule of Appellate Procedure 4(b). This deadline is jurisdictional and cannot be extended by the court.

Standards of Review

The appellate court reviews different issues under different standards:

The Plain Error Standard

Issues not preserved at trial are reviewed for plain error under Federal Rule of Criminal Procedure 52(b). This demanding standard requires:

1. An error occurred
2. The error is plain (clear or obvious)
3. The error affected substantial rights (prejudice)
4. The error seriously affects the fairness, integrity, or public reputation of judicial proceedings

Common Grounds for Successful Appeals

• Constitutional violations (Fourth, Fifth, Sixth Amendment issues)
• Evidentiary errors (improper admission or exclusion of evidence)
• Sentencing miscalculations (guideline errors, improper enhancements)
• Prosecutorial misconduct (Brady violations, improper closing arguments)
• Jury instruction errors

Brief Writing Best Practices

• Lead with your strongest argument
• Cite the record precisely with specific page references
• Frame issues in terms the court can act on
• Acknowledge and distinguish unfavorable precedent
• Keep the brief concise and focused

Brief writing and record citation precision are essential in federal appellate practice.