Reference Guide

Criminal Appeals

A federal criminal appeal is the first review of a conviction and sentence. The courts of appeals hear final decisions of the district courts under 28 U.S.C. § 1291, and the appeal begins with a notice filed within 14 days under Fed. R. App. P. 4(b)(1).

Federal courthouse — Southern District of California

Jurisdiction and Timing

Final decisions and the 14-day rule

28 U.S.C. § 1291 gives the courts of appeals jurisdiction of appeals from all final decisions of the district courts.

Fed. R. App. P. 4(b)(1) requires the notice of appeal within 14 days after the judgment or order, or the government's notice of appeal.

Preservation and Review

What the panel decides

Appellate review is limited to issues preserved in the district court; unpreserved issues face the plain error standard.

The panel reviews the record, the briefs, and oral argument before deciding.

The Corydon Law Research Desk

Each reference page links the statute or rule it describes, quoted from the primary source. Browse the depth library for the full set.

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Published by the Corydon Law Research Desk — John D. Kirby, publisher — former federal prosecutor. This page is reference information about federal law and procedure, not legal advice.