At The Fast Law Firm P.C., we represent clients in federal criminal appeals and post-conviction matters throughout New York. Led by former federal and state prosecutors we review the record, identify potential grounds for relief, and determine the appropriate path forward.
The Fast Law Firm Approach to Federal Criminal Appeals
At Fast Law, appellate representation is informed by extensive courtroom experience and a thorough understanding of federal criminal procedure. Elena Fast and Lawrence Gerzog bring their combined experience in criminal litigation, trial strategy, and post-conviction advocacy to the review of federal convictions and sentences. The firm carefully examines trial transcripts, evidentiary rulings, jury instructions, sentencing proceedings, and preserved objections to identify potential grounds for appeal. Our approach combines rigorous legal research, persuasive written advocacy, and a practical understanding of how errors at trial can affect the fairness and outcome of criminal proceedings.
We bring that perspective to a detailed review of what happened and what options remain. Clients turn to our firm for:
- Former prosecutor insight: We evaluate trial, constitutional, evidentiary, and sentencing issues from both sides in a federal criminal case.
- Detailed record review: We examine motions, objections, rulings, transcripts, and sentencing materials to identify issues that may support relief.
- The right strategy for the claim: We assess whether an issue belongs in a direct appeal, a § 2255 motion, or another post-conviction proceeding.
- Personal involvement: Elena Fast remains closely involved in developing the strategy for each case.
- Clear communication: We explain deadlines, potential arguments, procedural obstacles, and possible outcomes throughout the process.
Connect with us today to consult with an accomplished federal criminal appellate attorney.
How Long Do You Have to Appeal a Federal Criminal Case?
A federal criminal defendant generally has 14 days after entry of the judgment or order being appealed to file a notice of appeal. Certain timely post-trial motions can affect when that period begins.
Because the deadline is short, appellate options should be evaluated immediately after sentencing. In limited circumstances, the district court may grant additional time based on excusable neglect or good cause.
Filing the notice of appeal is only the beginning. Appellate counsel must then examine the record, identify viable issues, research the governing law, and develop arguments for the U.S. Court of Appeals.
What Issues Can Be Raised in a Federal Criminal Appeal?
A direct appeal is not a second trial. The appellate court generally reviews the district court proceedings for legal errors that affected the conviction or sentence.
Potential grounds for appeal may include:
- Improper admission or exclusion of evidence
- Constitutional violations
- Incorrect jury instructions
- Prosecutorial misconduct
- Insufficient evidence to support a conviction
- Errors involving pretrial or trial motions
- Incorrect application of federal law
- Sentencing errors
The issues available in a particular appeal depend heavily on the record and what occurred before and during trial or sentencing.
Why Do Preserved Issues Matter on Appeal?
An objection made in the district court can determine how closely an appellate court reviews an alleged error. When trial counsel properly preserves an issue, the appellate court applies the standard of review that governs that type of ruling.
When an issue was not preserved, the defendant may have to satisfy the more demanding plain-error standard. That does not necessarily make review impossible, but it can make obtaining relief substantially harder.
Appellate counsel therefore must determine not only whether an error occurred, but whether it was preserved and what standard of review applies.
Can You Appeal a Federal Sentence?
Yes. A defendant may have grounds to challenge a federal sentence even without overturning the underlying conviction.
Sentencing appeals can involve an incorrect calculation of the advisory Federal Sentencing Guidelines, improper enhancements, factual or procedural errors, failure to properly consider statutory sentencing factors, or a sentence challenged as substantively unreasonable.
If the appellate court finds a sentencing error, it may vacate the sentence and send the case back to the district court for resentencing.
How Does the Federal Criminal Appeals Process Work in New York?
Federal criminal appeals from U.S. district courts in New York generally go to the U.S. Court of Appeals for the Second Circuit.
After a notice of appeal is filed, appellate counsel reviews the trial and sentencing record and prepares written briefs explaining why the judgment or sentence should be disturbed. The government has an opportunity to respond, and the court may hear oral argument.
Depending on the issues and outcome, the Second Circuit may affirm the judgment, reverse or vacate a conviction, vacate a sentence, or return the case to the district court for additional proceedings.
How Does an Appeal Waiver Affect Your Right to Appeal in a Federal Case?
A federal appellate waiver may limit the claims you can raise on appeal, but it does not prevent you from filing a notice of appeal. Federal plea agreements often include an appeal waiver, which limits a defendant’s ability to challenge a conviction, sentence, or particular sentencing issues. Courts generally enforce waivers entered into knowingly and voluntarily, but signing an appeal waiver does not necessarily eliminate every appellate option. The agreement’s precise wording matters: an issue outside the waiver’s scope may remain reviewable. There may also be grounds to challenge enforcement, including an invalid waiver or the government’s breach of the plea agreement. Second Circuit Court.
In 2026, the U.S. Supreme Court held in Hunter v. United States, that an appellate waiver is not enforceable when enforcing it would result in a miscarriage of justice. That is when the sentencing error is obvious and egregious enough to undermine public confidence in the judiciary. Examples of “miscarriage of justice” identified by the Supreme Court in Hunter, were sentences:
- Exceeding a statutory maximum,
- Affected by a blatant constitutional violation,
- Lacking basic procedural protections.
The Second Circuit has interpreter Hunter to mean that routine guidelines disputes are not what the Supreme Court had in mind when defining “miscarriage of justice.” Specifically, the Second Circuit in United States v. Matos, applied Hunter but enforced the waiver against the defendant’s Guidelines and substantive-reasonableness challenges. The “miscarriage of justice” exception in Hunter appears to be narrow as the federal appellate courts are enforcing valid waivers against routine sentencing challenges.
What Post-Conviction Options Are Available Besides a Direct Appeal?
Not every challenge belongs in a direct appeal. Federal law provides other forms of post-conviction relief for certain claims.
One of the most important is a motion under 28 U.S.C. § 2255. A federal prisoner may use a motion to challenge a conviction or sentence on certain constitutional, jurisdictional, or other grounds recognized under federal law. Ineffective assistance of counsel claims are commonly pursued through § 2255 because they may depend on evidence outside the trial record.
A § 2255 motion generally has a one-year limitations period, although federal law provides different potential starting dates depending on the circumstances.
Other remedies may include a motion for a new trial under Federal Rule of Criminal Procedure 33 or, in narrower circumstances, other forms of collateral relief. Determining the correct procedure is critical because different claims carry different requirements and deadlines.
How Do Federal Appeals Differ From New York State Appeals?
Federal and New York State appeals operate under separate rules, deadlines, courts, and standards.
A federal criminal defendant generally has 14 days to file a notice of appeal. By comparison, New York generally requires that a criminal notice of appeal be filed within 30 days after sentencing.
Federal convictions are reviewed through the federal appellate system, with New York federal cases proceeding to the Second Circuit. State convictions proceed through New York’s appellate courts. The preservation rules, available remedies, sentencing standards, and post-conviction procedures can also differ significantly.
Talk to a New York Federal Criminal Appeals Attorney
A conviction or sentence does not always mean every legal option has been exhausted. But appellate and post-conviction deadlines can leave little time to determine what went wrong and which remedy may be available. If you have been convicted or sentenced in federal court, contact The Fast Law Firm as soon as possible to discuss potential next steps.