Can I Appeal a Federal Sentence
You have exactly 14 days to file a notice of appeal after your federal sentence is entered. Miss day 15 and the appellate court literally lacks jurisdiction to hear your case - doesn't matter how compelling your argument is, doesn't matter how unfair your sentence feels, doesn't matter if the judge made an obvious mistake. The deadline is absolute. But heres the part most defendants never realize until far too late: if you pleaded guilty (and 97% of federal defendants do), you probably signed an appeal waiver buried somewhere around page 4 or 5 of your plea agreement. You initialed it. The appeal you assume you have may have been traded away months ago in exchange for a charge reduction you barely remember negotiating.
The statistics tell the rest of the story. Federal appellate courts reverse criminal sentences in roughly 5-10% of cases - the Sixth Circuit hit 5% in recent years, meaning 95 out of 100 defendants got absolutely nothing from their appeals. The remaining 93%+ of sentences stay exactly where they were. This isn't because federal judges don't make mistakes. Its because the system is designed to protect judicial discretion, not to second-guess sentences that already happened.
Welcome to Spodek Law Group. We handle federal sentencing appeals and we're going to tell you the truth about what you're actually facing - not what you want to hear, but what you need to know before you make decisions about whether to pursue an appeal.
The 14-Day Trap and the Appeal Waiver You Probaly Signed
The moment the district court enters judgment - not the day of your sentencing hearing, but the day the clerk actualy enters the judgment on the docket - your 14-day clock starts running. This is Federal Rules of Appellate Procedure Rule 4(b). Its jurisdictional, which means if you miss it, the circuit court doesnt have the power to hear your appeal even if they wanted to. No exceptions for good reasons. No extensions because you were dealing with surrender logistics or trying to find appellate counsel. While your still processing the shock of your sentence, the deadline is already ticking down.
But the deadline may not even matter for you. Pull out your plea agreement right now. Look for the section on appeal rights - its usually titled "Waiver of Right to Appeal" or something similar. Nearly every federal plea agreement includes a provision where you waived your right to appeal your sentence within the guidelines range, or sometimes any sentence at all. You traded that right. Courts enforce these waivers.
There are limited exceptions where appeal waivers don't hold:
- If your sentence exceeded the statutory maximum
- If you're claiming ineffective assistance of counsel at sentencing
- If your sentence was based on unconstitutional factors like race
- If the government breached the plea agreement first
But "my sentence feels too harsh" is not an exception. "I didn't understand what I was signing" usually isnt either. The courts presume you knew what you were agreeing to when you signed.
Did you sign an appeal waiver? If you dont remember, thats the first thing to figure out. Pull out that plea agreement and read it carefully.
Why 95% of Federal Sentence Appeals Fail
Even if you didnt waive your appeal rights, the system isn't designed to help you. After the Supreme Court decided Booker in 2005, then Rita and Gall in 2007, federal sentencing appeals operate under what's called "abuse of discretion" review. That means the appellate court isn't asking whether your sentence is fair. Their asking whether the district judge followed the right procedures and acted within reason. Those are very different questions.
The numbers are brutal. According to federal court statistics, criminal appeals succeed at aproximately 6.9%. Some circuits are even lower - the Sixth Circuit reversed around 5% of criminal cases in recent years. The remaining 93%+ of convictions and sentences remain completly intact after appellate review. Federal appellate judges arent looking for reasons to help you. There looking for reasons to affirm.
Heres the paradox that makes this even worse. You can appeal your sentence as "unreasonable" under 18 USC 3742. But sentences within the guidelines range get a presumption of reasonableness from the appellate court. So if the judge followed the guidelines - which are only "advisory" in the first place - your burden is to prove the sentence was somehow irrational. Not just harsh. Not just longer than you expected. Irrational.
The Supreme Court designed this system in Rita to give district judges maximum discretion. Defendants challenging that discretion were an afterthought. Your constitutional right to argue unreasonableness exists on paper. Your practical ability to win on that argument barley exists in reality.
We understand this feels unfair. It is. But understanding how the system actually works is the first step toward figuring out whether you have any realistic options.
What Actually Works - The Errors That Can Get Sentences Reversed
So what does work? Procedural errors. If the district judge made a specific mistake in the sentencing process, thats where appellate courts are willing to intervene. Not because your sentence feels wrong, but because something actually went wrong in how it was calculated or explained.
The grounds that appellate courts will actually consider:
- The judge failed to calculate the guidelines range correctly
- The judge treated the guidelines as mandatory instead of advisory
- The judge relied on clearly erroneous facts
- The judge failed to consider the factors under 18 USC 3553(a)
- The judge failed to adequatley explain the sentence imposed
But heres the catch nobody tells you: those errors had to be preserved. That means your attorney had to object at sentencing. If your lawyer didn't say "objection" when the judge applied that enhancement or made that factual finding, the issue is probably waived. The error exists but you cant raise it on appeal. The system requires your lawyer to preserve issues in real-time, exactly when they may be caught off guard or hesitant to push back on the judge.
And one more thing. The government can appeal your sentence too. If the judge gave you a downward variance - went below the guidelines to give you a break - prosecutors have 30 days to appeal that decision. They sometimes win. That favorable sentence you recieved might not survive the government's appeal. Sentencing isnt necesarily final for either side.
If your considering a federal sentencing appeal, or if you've already been sentenced and your wondering whether you have options, Todd Spodek and the team at Spodek Law Group can give you an honest assessment. Call us at 212-300-5196. We'll review your plea agreement, your sentencing transcript, and your guidelines calculation. We'll tell you whether the errors that matter exist in your case - and whether pursuing an appeal makes sense given the odds your facing.
The consultation is free. What you'll get is reality, not false hope. Thats what you need right now.
