The statutory framework governing federal criminal appeals is primarily found in Title 28 of the United States Code (U.S.C.). A direct appeal from a district court’s judgment must be filed within fourteen days after entry of the judgment or order being appealed, as mandated by 28 U.S.C. § 2107. This deadline is strict and non-negotiable without a showing of "excusable neglect" under Federal Rule of Appellate Procedure (FRAP) 41(a).
Direct appeals involve challenging the legal rulings and factual determinations made at trial. An appellant must demonstrate that there was a clear error or misapplication of law that prejudiced their case. The standard of review for direct appeals varies based on the issue raised. For questions involving mixed questions of law and fact, such as the application of the Fourth Amendment to search and seizure issues, appellate courts often apply "de novo" review under 28 U.S.C. § 1291. This means that an appellate court will not defer to the trial judge's findings and will make its own determination.
For issues of pure legal interpretation, such as statutory construction or sufficiency of evidence, de novo review also applies. However, for factual determinations made by a district court, such as credibility assessments in sentencing hearings, appellate courts typically apply "clear error" review under Federal Rule of Criminal Procedure 35. This standard is deferential and requires that the trial court’s findings be “unmistakably wrong” to warrant reversal.
One notable exception to filing a direct appeal is a motion brought under 28 U.S.C. § 2255. These motions are petitions for relief from federal convictions or sentences based on claims that the prisoner’s detention violates the Constitution, laws, or treaties of the United States. A motion under § 2255 can be filed at any time after a conviction becomes final, although it is subject to procedural bars and time limitations.
Sentencing appeals are also governed by specific statutory provisions. An appeal from a sentence imposed by a district court may raise questions of law or fact concerning the imposition of a sentence under ← Back to Practice Area