How Long Do You Have to File a Criminal Appeal in Federal Court?

When a federal criminal conviction is handed down, the clock starts ticking for the defendant. The right to appeal is one of the most important safeguards in the U.S. justice system, offering a second look at legal errors that may have occurred during trial. But that window to act is narrow—and missing it could mean giving up your right to challenge a conviction entirely. This guide walks you through the exact timeline to file a criminal appeal in federal court, what the process entails, and how strategic legal steps can make a difference.

The Problem: Missed Appeal Deadlines Are Common—and Costly

Many defendants don’t realize just how short the window is to file a federal criminal appeal. Others rely on misinformation from non-lawyer sources. Still others are emotionally overwhelmed after sentencing and delay action. Unfortunately, a missed deadline in federal court usually results in losing the right to appeal entirely—no extensions, no second chances.

The consequences of a missed appeal window can be devastating. If legal errors occurred during the trial—such as improper jury instructions, constitutional violations, or prosecutorial misconduct—those errors go unchallenged. And the conviction stands.

The Solution: Understanding the 14-Day Rule

Under Federal Rules of Appellate Procedure (FRAP) Rule 4(b), a defendant in a criminal case has 14 calendar days from the entry of the judgment (or sentencing) to file a notice of appeal in federal court.

This means you must act quickly. The clock starts from the day the judgment is entered—not necessarily the day of sentencing if paperwork lags. Weekends and holidays are included in the 14-day count. Missing this deadline generally forfeits your right to appeal, unless very narrow exceptions apply.

How the Clock Starts

• The countdown begins on the date the district court enters the judgment of conviction.
• Not necessarily the same as the sentencing hearing date.
• Confirm exact dates via PACER or your attorney.

Who Files the Notice

• Your attorney should file it with the district court clerk, not the appellate court.
• The notice doesn’t need to include full arguments—just that you intend to appeal.

Appeals Deadline Extensions and Critical Exceptions Explained

Even though the 14-day rule for filing a federal criminal appeal is strict, there are a few rare—but vital—exceptions and extensions that can apply. This section explains what happens when you need more time, what circumstances might qualify for an exception, and what legal pitfalls to avoid.

Can You Get More Time to File an Appeal?

In some limited cases, yes. The Federal Rules of Appellate Procedure (FRAP) allow a district court judge to extend the appeal deadline by up to 30 additional days beyond the original 14-day limit.

To qualify for this extension:

• You must file a formal request (motion) within 30 days after the initial deadline passes.
• You must prove “excusable neglect” or “good cause.”

What Qualifies as Excusable Neglect or Good Cause?

Courts interpret these terms narrowly. Acceptable reasons might include:

• A serious medical emergency involving the defendant or their attorney.
• Natural disasters that prevent timely filing.
• Clerical errors by the court that cause confusion.

However, excuses like forgetting the date or being generally overwhelmed rarely meet the threshold. The burden is on the defendant to present a strong justification.

What Happens If You Miss the Appeal Deadline Entirely?

If no extension is granted and you miss the 14-day window, your right to a direct appeal is typically lost. But there are some narrow, exceptional circumstances where the court may permit your appeal to proceed:

• Ineffective Assistance of Counsel: If your defense attorney failed to file a notice of appeal after you asked them to, that can be grounds for reopening the appeal window under a claim of ineffective counsel.
• Fraud or Misconduct: If someone—such as a government official or a court employee—actively prevented you from filing in time through deception or obstruction.
• Newly Discovered Evidence: While this does not typically reopen the direct appeal window, it may provide grounds for a separate post-conviction relief motion (such as under 28 U.S.C. § 2255).

Avoiding Common Procedural Traps

The federal appellate process is unforgiving when it comes to timing and form. Here are common traps to avoid:

• Assuming oral notice is enough: Telling your attorney or judge that you plan to appeal doesn’t count. You must file the proper written notice.
• Waiting for post-trial motions to be decided: Unless the court explicitly resets the appeal timeline, the 14-day window still applies.
• Not verifying court entry date: The judgment’s entry date—not the sentencing hearing date—starts the appeal clock. Get this from PACER or your attorney.

Bottom line: Filing on time is your responsibility—even if you have legal representation. The appeal process offers powerful tools to challenge a conviction, but only if you meet the federal court’s precise deadlines.

Can You Get an Extension for Filing a Federal Criminal Appeal?

Yes—but only in very limited and specific circumstances. Federal courts allow a short extension of time to file an appeal only if certain conditions are met. This extension is not automatic and must be requested through a formal process.

A district court may extend the 14-day filing deadline by up to 30 additional days if the defendant:

• Submits a motion for extension within 30 days after the original deadline.
• Demonstrates “excusable neglect” or “good cause” for missing the initial deadline.

What Is Considered Excusable Neglect or Good Cause?

Federal courts interpret these terms strictly. Acceptable justifications might include:

• A medical emergency involving the defendant or legal counsel.
• A natural disaster or extreme weather that shut down courts or law offices.
• Official court errors, such as incorrect documentation or failure to notify parties of the judgment.

Simply forgetting, being confused about deadlines, or lacking legal knowledge is not considered a valid excuse.

How to Request an Extension

You or your attorney must:

1. Draft and file a motion with the district court.
2. Clearly explain the reason for the delay.
3. File the request within 30 days of the expiration of the original 14-day period.

The court will review your explanation and decide whether to grant the extension. Even one day late beyond the extended period can result in permanent dismissal of your appeal rights.

Important: The longer you wait to act, the less sympathetic the court may be. If you believe you missed the deadline or are in danger of missing it, speak with an appellate attorney immediately. A federal judge may extend the deadline up to 30 days if you:

• File a motion within 30 days of the original 14-day deadline,
• Show excusable neglect or good cause.

But extensions are discretionary—and not guaranteed. Courts apply strict standards. Forgetting the deadline is not considered “excusable neglect.”

What If You Miss the Deadline?

In almost all cases, the appeal is dismissed. However, exceptions exist for:

• Ineffective assistance of counsel (e.g., your lawyer failed to file the notice despite your request).
• Fraud or misconduct that prevented timely filing.
• Newly discovered evidence, but this typically requires a separate post-conviction motion, not a direct appeal.

Real-World Example: When 14 Days Made All the Difference

In United States v. Gaytan-Garza, the defendant’s appeal was dismissed because the notice of appeal was filed one day late—even though he claimed confusion over the deadline. The court held firm to the 14-day rule, stressing the importance of procedural compliance.

In contrast, in United States v. Camacho, the court allowed a late appeal after finding the defendant’s lawyer failed to follow instructions to file. The appeal was reinstated based on ineffective assistance of counsel.

Strategic Tip: How to Preserve Your Right to Appeal at Sentencing

Sentencing is not the end of the road—even if it feels like it. It’s also your last, best opportunity to preserve your right to challenge the outcome. If there’s even a remote chance that you’ll want to appeal your conviction or sentence, you need to act before the 14-day deadline begins.

The most effective way to do this is by having your attorney file a notice of appeal immediately after sentencing, even if you’re still weighing your options. This notice is a simple procedural filing. It doesn’t commit you to going forward with the appeal—it only reserves your right to do so. If you later decide against it, you can withdraw the appeal. But if you fail to file within the window, your opportunity is lost permanently.

This strategy is especially important because the clock starts ticking from the date judgment is entered—not necessarily the day you are sentenced in court. Delays in documentation or misunderstandings about the timeline can rob you of valuable days.

In federal criminal cases, clarity and timeliness are everything. Talk to your lawyer before sentencing. Be explicit: you want your appellate rights protected. Getting that notice on file takes minutes but could be the only chance you get to challenge a conviction or reduce a sentence that was unfairly imposed.
If you’re facing sentencing, let your attorney know you want to preserve your right to appeal. Ask them to file the notice early—even if you’re undecided. You can always dismiss the appeal later, but you can’t file it once the window closes.

Mistakes to Avoid

• Assuming weekends don’t count. They do.
• Thinking your attorney will do it without your instruction. Be clear.
• Believing post-trial motions extend the appeal window. They don’t unless formally granted.

For guidance on what happens next, see our Appellate Practice page to learn how our federal defense team handles appeals.

Conclusion: Don’t Wait—Act Immediately

Time is not on your side when it comes to filing a criminal appeal in federal court. If you’ve been convicted, consult with an experienced federal criminal defense lawyer immediately. Filing the notice of appeal takes minimal effort, but failing to do so within the 14-day window can erase any chance at correcting legal errors. Every day matters.

FAQ: Criminal Appeals in Federal Court

Q1: What exactly is a “notice of appeal”?
This is a brief, formal document you or your lawyer submit to the district court stating that you intend to challenge the verdict or sentence. It doesn’t include legal arguments or evidence yet—it simply preserves your right to appeal. Without filing this notice within the 14-day window, the appeals process can’t begin.

Q2: Can I appeal my sentence, not just the conviction?
Yes, and it’s more common than many think. If the conviction stands but you believe the judge imposed an unfair sentence—perhaps harsher than sentencing guidelines recommend—you can appeal the sentence alone. This is often done when the defense believes the sentencing judge used incorrect legal standards or relied on flawed information.

Q3: What happens after I file the notice of appeal?
The case moves from the district court to a federal court of appeals. The process involves gathering trial transcripts, preparing written briefs outlining legal errors, and possibly presenting oral arguments. This stage focuses on legal issues—not re-examining factual disputes. The appeals court then decides whether to affirm the lower court’s decision or send it back for a new trial or resentencing.

Q4: Can I represent myself in an appeal?
You have the legal right to do so, but it’s strongly discouraged. Federal appellate law is highly technical. It involves procedural rules, page limits, formatting requirements, and deep legal analysis. A small error in process or timing can derail a potentially strong case. Appellate attorneys are trained to craft arguments that resonate with federal judges.

Q5: Do I need new evidence to appeal?
No. An appeal typically reviews the existing trial record. The goal is to identify legal mistakes that may have impacted the verdict or sentencing—such as misapplied laws, jury instruction errors, or constitutional violations. If you have new evidence, that usually requires a different process (such as a motion for a new trial or post-conviction relief).

Q6: Does filing an appeal stop my sentence from being carried out?
Not automatically. You must ask the court for a “stay of execution” of the sentence while the appeal is pending. This is rarely granted for prison sentences, especially if the conviction is for a serious crime. Courts consider several factors, including whether your appeal raises substantial legal questions.

Q7: Can I withdraw an appeal after filing it?
Yes. Filing a notice of appeal keeps your options open. If you later decide not to move forward—due to strategic, emotional, or financial reasons—you can file a voluntary dismissal of the appeal. But you can’t go back and file a new appeal after the 14-day window has passed.