A federal criminal sentence carries heavy weight – now and in the future. After sentencing occurs, you may learn new facts about your case. You may suspect that something didn’t go correctly or that your rights were violated. 

Federal criminal sentences can sometimes be appealed, but the process can be complex. An experienced New York federal criminal appeals attorney can help you understand what you’re facing and fight for the correct outcome. 

What is a Federal Sentencing Appeal?

A federal sentencing appeal is a legal process. In it, a defendant asks an appellate court to review the sentence imposed by a trial court. 

Sentencing appeals differ from other types of criminal appeals. In a sentencing appeal, the defendant doesn’t ask the court to review the finding of guilt. Instead, the defendant asks the court to review the consequences imposed as a result of that finding. The defendant isn’t saying “I’m not guilty,” but rather “My sentence doesn’t fit what I did.” 

Not all federal sentences are eligible for appeal. For instance, one usually cannot appeal a sentence just because they don’t like the result. Instead, a defendant and their attorney must show that the lower court committed some kind of legal or factual error when imposing the sentence. 

What Can Happen in a Federal Sentencing Appeal?

Most sentencing appeals are based on procedural errors, substantive errors, or both. Understanding the difference can help you understand where to focus your appeal. Procedural errors focus on how the trial or sentencing was carried out. Mistakes here can affect whether the outcome is fair. Common procedural errors in federal sentencing appeals include:

• Violations of the defendant’s Constitutional rights, such as the right to the effective assistance of counsel. 
• Strong evidence of bias in the judge, which can affect the sentence you receive. 
• Issues with carrying out the process of taking a plea laid out in Federal Rule of Criminal Procedure 11. If a plea is entered incorrectly, it can trigger a chain of events that results in an improper sentence. 

Substantive errors focus on how the law is applied during sentencing. Mistakes here can result in a defendant receiving a sentence that isn’t permitted under federal sentencing guidelines. Substantive errors that can occur during sentencing include:

• Incorrect applications of sentencing guidelines, such as miscalculating the offense level or criminal history category.
• Misinterpretation of legal statutes or precedent, can lead to an incorrect sentence. 
• Failing to consider statutory factors, like the nature of the offense and the defendant’s criminal history. Federal sentencing guidelines require courts to consider these factors when imposing a sentence. Failing to do so can be a serious error with serious consequences. 

Both procedural and substantive errors can be grounds to challenge a federal sentence. The federal sentencing guidelines are complex, and mistakes can occur. Speak to an experienced federal sentencing appellate attorney to learn more. 

I Waived My Right to Appeal at Sentencing. Can I Still Appeal?

The process of pleading guilty or no contest (“nolo contendre”) often includes a step in which the defendant waives their right to appeal. However, some defendants can still appeal their sentence even if they’ve waived this right. Federal courts have typically held that a waiver of a right to appeal should be read narrowly – and in favor of a defendant when that interpretation is possible. 

Situations in which you may be able to appeal even if you waived your appeal right include:

• Your plea was not knowing and voluntary,
• The sentence doesn’t fall within the federal sentencing guidelines range,
• The trial court made a procedural error during sentencing that affects the validity of your waiver. 

Other situations may also give you the right to appeal. An experienced New York federal sentencing appellate lawyer can provide personalized information. 

What to Ask An Experienced Federal Sentencing Appeals Attorney

When you reach out to attorneys who handle federal sentencing appeals, ask questions about their experience. Pay attention to how you communicate with the attorney and how confident you feel about your case. 

Helpful questions to ask an appellate attorney include:

• Do you mostly, or only,  practice criminal law? 
• What experience do you have handling cases like mine?
• How often can I expect to hear from you about my case? 
• What is your honest opinion about the outcome of my case? 
• What legal fees are associated with my case? How do you calculate them? 

Contact Our Experienced Federal Sentencing NYC Attorneys at the Brill Legal Group Today

Appeals of federal criminal sentences are often complex. Yet not all appeals are impossible. Speak to an experienced federal criminal appeals attorney as soon as possible. The team at the Brill Legal Group can help you understand your situation and your options. Reach out to us today to learn more.