If an individual is convicted, they generally have the right to appeal. Generally, the appeal process takes about a year, although that can vary greatly depending on the issues raised and complexity of the case. The United States Court of Appeals for the Third Circuit decides the appeal. Additional avenues for challenging the conviction and sentence exist beyond the direct appeal, but are not available in every case.
In general, a defendant who has been convicted in the Western District of Pennsylvania has a right to appeal the conviction and sentence. The notice of appeal, which begins the appellate process, is not filed until after sentencing and must be filed within 14 days of the judgment.
A defendant has the right to an attorney on appeal. If the Federal Public Defender’s Office represented a client in the district court, we will also handle the appeal unless we have a conflict. (In that case, if the client cannot afford a lawyer, the court will appoint an attorney from outside this office.) If the client had a private lawyer in the district court but can no longer afford to pay counsel fees, the client may ask to have counsel appointed for the appeal.
An appeal is not a new trial or sentencing, but an opportunity to challenge specific errors that might have occurred in the district court. As a result, appeals are limited to the evidence that was presented in the district court. Generally, a person cannot add new evidence on appeal. After a case goes to trial, the appeals court will not decide whether the jury was right, but only whether there was enough evidence to support the jury’s finding of guilt.
A person who went to trial can appeal any rulings the judge made before, during, or after the trial. On the other hand, a person who pleads guilty normally loses the right to appeal any rulings the judge made before the plea. If the client lost a motion to suppress evidence, for example, the client can only appeal the judge’s ruling if a special “conditional plea agreement” allows the client to appeal that issue.
In addition, plea agreements in this district have “waivers” where the defendant gives up the right to appeal most issues. A client should always consult with his or her lawyer about the “waiver of appeal” in the plea agreement prior to pleading guilty. Even when there is a plea agreement, there may still be issues that can be appealed in a person’s case.
There are a few possible avenues for relief from a federal conviction and sentence after direct appeal. Federal prisoners can file motions in district court attacking the conviction or sentence under 28 U.S.C. § 2255. A § 2255 motion usually claims that the petitioner’s constitutional rights were violated. The motion almost always must be filed within one year of the date that the conviction becomes final. There is no right to appointed counsel except in capital cases, although the court will waive the filing fees if the person files a motion showing that they cannot afford to pay the fees. A person must file by himself or herself (this is called proceeding “pro se”) and then ask the district court to appoint a lawyer. If counsel is not appointed, the person will have to continue pro se. The pro se form § 2255 motion can be found here. The pro se form motion to waive court fees can be found here.
In some cases, a person wishes to challenge the way a sentence is being carried out. For example, a person might have a claim that the Bureau of Prison failed to give proper credit for jail time or good time credit. After a prisoner has exhausted administrative remedies by challenging that decision with the institution that made it (in our example, the Bureau of Prisons), the prisoner may challenge the action in federal court through a petition under 28 U.S.C. § 2241. Such a motion generally must be filed in the district where the person is incarcerated. There is no right to appointed counsel, although the court will waive the filing fees if the person files a motion showing that they cannot afford to pay the fees. A prisoner must file by himself or herself and then ask the district court to appoint a lawyer. If counsel is not appointed, the person will have to proceed pro se (without a lawyer). The pro se form § 2241 motion can be found here. The pro se motion to waive court fees can be found here.
In addition, 18 U.S.C. § 3582 gives federal courts the authority to reduce sentences in certain cases where the law or circumstances of the person serving the sentence has changed. This includes compassionate release. Before a motion for compassionate release can be filed in the district court, the person must first ask the warden of the prison for a reduction in sentence. This is called “exhausting administrative remedies.” There is no right to an attorney on a motion for reduction in sentence, although in many instances, the court may appoint counsel on these motions. If a prisoner files a motion for reduction of sentence by himself or herself, he or she may ask the court to appoint a lawyer.
In addition to these proceedings available following federal court convictions, people with state court convictions, too, may seek relief in federal court. Under 28 U.S.C. § 2254, a person who is imprisoned under a state court judgment can challenge his or her conviction in federal court on the ground that there was a violation of his or her federal constitutional rights by filing a petition. Our office cannot represent 2254 habeas petitioners in non-capital cases unless and until we are appointed to the case by the district court. In capital cases, you are entitled to court-appointed counsel, and an attorney will be appointed to represent you. The pro se form § 2254 form can be found here. The pro se form motion to waive court fees can be found here.