Federal Appeals Lawyer

Our Highly-Experienced Appellate Litigators Represent Clients in Federal Criminal Appeals Nationwide

Team Lead: Federal Appeals Attorney, Linda Julin McNamara

During her 31-year tenure as an Assistant United States Attorney in the Middle District of Florida, she served as the Deputy Chief of the Appellate Division, handled nearly 1000 appeals in the Eleventh Circuit Court of Appeals, and presented more than 100 oral arguments in that court. Many of those cases addressed complex white-collar crime, including public corruption, bank fraud, healthcare fraud, mortgage fraud, wire fraud, mail fraud, tax fraud, bankruptcy fraud, and money laundering. She also has extensive experience in analyzing and addressing complex legal issues arising from indictments and investigations and in advising on trial and sentencing strategy.

If you have a complex federal appeals case that requires only the most experienced appellate litigator, call us today and speak with attorney Linda Julin McNamara.

Federal Appeals Practice Overview

When you take a federal criminal case to trial, there are two possible outcomes: Win or lose. Success is never guaranteed; and, no matter how much the evidence stacks up in your favor, there is always a chance that the judge or jury will find you guilty. Fortunately, defendants in the federal criminal justice system can appeal their verdicts and sentences as a matter of right; and, in federal jurisprudence, there are several grounds for seeking to overturn an unjust guilty verdict or sentence on appeal.

At Oberheiden P.C., our federal defense team includes several lawyers who have extensive experience handling federal criminal appeals. This includes appeals filed in U.S. Circuit Courts of Appeal across the country as well as the United States Supreme Court. As a result of this experience, our lawyers are well-versed in the highly-complex rules and procedures of the federal appellate courts, and our federal appeal lawyers have an intimate understanding of what it takes to overturn a federal criminal conviction or sentence at the appellate level.

Federal Criminal Appeals We Handle

Our federal appellate lawyers handle criminal appeals in all of our substantive areas of practice. Collectively, our federal criminal appeal lawyers (who include several former U.S. Attorneys and Assistant U.S. Attorneys) have notable experience on both sides of high-stakes criminal cases involving:

• Conspiracy crimes
• Drug crimes
• Fraud crimes (i.e., bank, healthcare, mortgage, and insurance fraud)
• Government contract and program fraud (i.e., Medicare fraud and PPP fraud)
• Intellectual property theft and computer crimes
• Mail fraud and wire fraud
• Public corruption and bribery
• Securities and antitrust law violations
• Tax evasion and money laundering
• Theft of government property
• Other federal white-collar crimes

We have successfully represented business owners, licensed professionals, political candidates, elected officials, and numerous other clients at the trial and appellate levels. Since our firm handles both trials and appeals, we are able to efficiently identify issues during trial that provide grounds for the federal appeals process, and we are able to use our appellate insights to craft legal arguments that are custom-tailored to the relevant grounds for seeking reversal of our client’s convictions and sentences.

Put our highly experienced team on your side

Dr. Nick Oberheiden

Founder

Attorney-at-Law

Lynette S. Byrd

Former Department of Justice

Brian J. Kuester

Former U.S. Attorney
Former DA

John W. Sellers

Former Senior Trial Attorney
U.S. Department of Justice

Local Counsel

Joanne Fine DeLena

Former Assistant U.S. Attorney

Local Counsel

Joe Brown

Former U.S. Attorney & Former District Attorney

Local Trial & Defense Counsel

Amanda Marshall

Former U.S. Attorney

Local Counsel

Aaron L. Wiley

Former Federal Prosecutor

Local Counsel

Roger Bach

Former Special Agent (OIG)

Michael Koslow

Former Supervisory Special Agent (FBI)

Chris Quick

Former Special Agent (FBI & IRS-CI)

Ray Yuen

Former Supervisory Special Agent (FBI)

5 Key Facts to Understand About Your Federal Appeal

If you have recently been convicted of a crime or sentenced in federal court, there are some important facts you need to know about filing an appeal under federal law. These facts include:

1. An Appeal Is Not a Retrial

An appeal is not a retrial of your federal criminal case. Rather than focusing on the merits of the U.S. Department of Justice’s allegations against you, an appeal must focus on issues that arose during the trial phase of your case. For example, potential grounds for filing a federal appeal include (but are not limited to):

• The trial judge committed errors during voir dire (jury selection)
• The trial judge improperly admitted or excluded evidence
• The trial judge ruled incorrectly on pre-trial or trial motions
• The weight of the evidence does not support the judge’s or jury’s verdict
• Your sentence is not supported by the Federal Sentencing Guidelines or violates the constitutional protections against cruel and unusual punishment

2. You Can Appeal Your Conviction or Your Sentence (or Both)

On appeal, it is possible to challenge your conviction, sentence, or both. Successfully challenging your conviction may result in a remand or retrial, while successfully challenging your sentence can send your case back to the trial court for re-sentencing consistent with the appellate court’s ruling.

3. Trial Counsel Must Preserve Issues for Appeal

To maintain your eligibility to file an appeal, your trial counsel must preserve certain grounds for appeal at the trial stage. This is one reason (among many) why it is important to have a trial team with federal appeals attorneys who have experience at the appellate level.

4. Strict Deadlines and Filing Requirements Apply

While you can appeal your conviction or sentence as a matter of right (provided that you have grounds to do so), you only have a limited time to file with the appropriate Circuit Court of Appeals. Other stringent filing requirements apply as well, and early mistakes and oversights can potentially jeopardize your appeal.

5. Winning a Federal Appeal is Possible—But Not Easy

While winning a federal appeal is possible, it is not easy. Finding success on appeal requires in-depth knowledge of the substantive and procedural laws and rules that apply. At Oberheiden P.C., we have a proven track record of success, and our federal appeals lawyers rely on their collective experience to formulate and execute sound appellate strategies.

What To Expect from Us During Your Federal Appeal

What can you expect if you choose Oberheiden P.C. for your federal criminal appeals lawyer? When you engage our firm to represent you:

1. We Will Examine All Possible Grounds for Appeal

Our federal appeals attorneys will examine all possible grounds to challenge your conviction or sentence (or both). Based on this examination, we will help you make an informed decision about whether to pursue an appeal.

2. We Will Timely Preserve Your Appellate Rights

If you decide to pursue an appeal, we will preserve your appellate rights—provided that you contact us in time. Under the Federal Rules of Appellate Procedure (Rule 4(b)), criminal appellants must file a “notice of appeal” within fourteen days of their trial judgment.

3. We Will Formulate a Cohesive Appellate Strategy

After examining the trial record in your case, our lawyers will formulate a cohesive appellate strategy. Our lawyers will clearly delineate the reasons why your conviction or sentence is unjust, and we will develop a clear roadmap for the appellate court to render a decision in your favor.

4. We Will Brief and Argue Your Case in the Circuit Court of Appeals

Winning on appeal requires persuasive written and oral advocacy. Our appellate lawyers will carefully craft a brief that presents your case to the Circuit Court of Appeals, and then we will skillfully argue your case at your appellate hearing.

5. We Will Petition the U.S. Supreme Court for Certiorari If Necessary

If the Circuit Court of Appeals affirms your conviction or sentence, we will help you decide whether to continue to pursue your appeal at the U.S. Supreme Court. The Supreme Court only hears a limited number of cases each year, and presenting an effective request (or petition for certiorari) requires intimate familiarity with the Supreme Court’s rules, procedures, and priorities.

FAQs: Filing a Federal Criminal Appeal

Arrange a Complimentary Consultation with a Federal Appeals Lawyer at Oberheiden P.C.

If you need to speak with an experienced federal appellate lawyer about filing a criminal appeal, we encourage you to contact us promptly. To arrange a complimentary consultation at Oberheiden P.C., please call 888-680-1745 or get in touch with us online now.

Further Information About Federal Appeals

• Federal Appeals Courts
• Federal Appeals for Hobbs Act, Public Bribery, and Corruption Convictions
• Federal Appeals for Mortgage and Bank Fraud Convictions
• Federal Appeals Process (Step-by-Step)
• Federal Mail Fraud & Wire Fraud Appeals
• Federal RICO and Conspiracy Appeals
• Federal Tax Fraud Appeal Lawyers
• Federal White Collar Criminal Appeals
• Healthcare Fraud Appeals
• How Much Do Federal Appeal Lawyers Cost?
• How to Find a Federal Appeals Lawyer
• What Does a Federal Appeals Lawyer Do?