A defendant convicted in a federal criminal trial is entitled to a direct appeal. A defendant may also be entitled to appeal a federal sentence, even if the defendant entered a plea and did not go to trial. These appeals will be heard by the United States Court of Appeals for the circuit where the case was initiated. For Georgia, Alabama, and Florida, the federal appellate court is known as the United States Court of Appeals for the Eleventh Circuit. It currently consists of twelve active judges and five senior judges.

Broadly stated, federal appellate courts are given discretion to dispose of a case as justice requires. This means an appellate court can generally affirm, modify, vacate, set aside, or reverse a judgment, decree or order of a court which is brought before it for review. An appellate court may also generally remand a case and direct the entry of an appropriate judgment or require further proceedings as is just under the circumstances.

On appeal, attorneys must submit written briefs explaining why the district court did or did not commit error. The court may also hear oral arguments from attorneys for each side. Appeals are almost always heard by three justices (known as a panel) that are randomly assigned to a case. Occasionally, all active justices will hear a case (known as an en banc hearing).

The federal circuit courts of appeal have jurisdiction over appeals from all final decisions of the district courts of the United States, except where a direct review may be had in the Supreme Court. In addition, the circuit courts of appeal may hear certain interlocutory orders and decrees in injunction proceedings, receivership proceedings, admiralty cases, and patent infringement cases. The circuit courts may also review decisions from the United States Tax Court and orders of certain federal administrative agencies, boards, commissions, and officers. In criminal law, a final decision of the district court is usually defined as a sentence being imposed.

The Supreme Court of the United States is the highest and last court to hear an appeal and consists of a Chief Justice and eight associate justices. The Court holds one regular term a year which commences on the first Monday of October and may hold adjourned or special terms as needed.

After the Eleventh Circuit Court of Appeals has decided a case, a party may apply to the Supreme Court asking it to review the Eleventh Circuit's ruling. This application is known as a petition for a writ of certiorari which is also called a petition for "cert." Acceptance of a petition is entirely discretionary, and the Court only selects to hear around 100 cases a year out of more than 7,000 petitions. Cases are usually selected in order to remedy drastic deviations made by courts or to settle important disagreements among the lower courts about how a law should be applied. When a case is accepted, both the parties submit written briefs as to why the lower court's ruling should be abandoned or upheld. The Court also hears oral arguments from each party's attorney before ruling on a case.

Our firm has handled many federal criminal appeals. We have appealed convictions and unjust sentences in the Eleventh, Fifth, Fourth and Seventh Circuits. We have also successfully obtained a reversal of a federal conviction and sentence in the United States Supreme Court. If you need to appeal a federal criminal conviction or sentence, our firm may be able to help.

The information provided above is a very general summary of the law regarding this particular legal issue at the time this text was prepared. Because this analysis is subject to change depending upon recent cases and developments, you should not rely on this summary as legal advice. As with any important legal question, you should always consult with a lawyer licensed to practice in your jurisdiction. Our lawyers are licensed to practice in all Georgia state and federal courts.