White collar criminal defense lawyer Stefanie C. Moon knows that notices of appeal must be filed within certain time limitations by each party. Once the Circuit Court of Appeals dockets the appeal, the entire record from the trial court is sent to the Court of Appeals. The Court then sets a briefing schedule. After all brief are filed, a three judge panel may hear oral arguments or decide the appeal based upon the papers filed. The three judge panel then issues a written opinion either affirming (agreeing with) or reversing (disagreeing with) the trial court. A case can be sent back to the trial court for further proceedings that are in line with what the appeals court decides.
Convicted defendants may attack their convictions of criminal charges while serving their sentence. Under 28 United States Code Section 2241, a federal prisoner may contest the legality of their custody, including the conditions of confinement or the duration of their sentence. 28 United States Code Section 2255 establishes a statutory right to review for federal prisoners who claim the following:
• The sentence is in violation of the law or Constitution
• The court did not have jurisdiction to impose the sentence
• The sentence is more than allowed by law
• The sentence is otherwise subject to collateral attack