Ninth Circuit Court of Appeals

The Ninth Circuit reviews the record

The court reads the trial transcript, reviews the exhibits, and reads the motions and rulings from the district court. It decides whether legal errors occurred that require the conviction to be reversed or the case sent back for further proceedings.

No new evidence or witnesses

You cannot introduce new evidence or call new witnesses in a Ninth Circuit appeal. The court is limited to what was presented at trial. Claims involving evidence not in the record belong in a post-conviction motion under 28 U.S.C. § 2255, not a direct appeal.

Preservation matters

To raise an issue on appeal, trial counsel generally had to object at trial. Errors that were not objected to are reviewed under the more forgiving plain error standard — harder to win. What your trial attorney preserved in the record shapes what is available on appeal.

The notice of appeal deadline is strict

Federal criminal appeals have firm filing deadlines. Missing the deadline ends the direct appeal — courts rarely grant exceptions. Contact an attorney immediately after sentencing to confirm your deadline and file the notice. Preserve the right first, evaluate the case after.

Trial court misapplied the Federal Rules of Evidence

If the district court admitted evidence it should have excluded — or excluded evidence it should have allowed — that is a potential appellate issue. The standard of review depends on whether trial counsel objected and whether the ruling was discretionary.

Evidence admitted against your constitutional rights

Evidence obtained through an unlawful search or seizure, a coerced confession, or a violation of Miranda rights may be challenged on appeal if a suppression motion was filed and denied below.

Prosecutorial misconduct

Improper comments during closing argument, vouching for witnesses, or misrepresenting evidence to the jury are reviewable. The standard depends on whether the conduct was objected to at trial.

Judicial misconduct

A judge who displayed bias, made inappropriate statements in front of the jury, or made rulings so one-sided as to deprive you of a fair trial may provide grounds for reversal.

Insufficient evidence

If the evidence at trial — viewed in the light most favorable to the government — was not enough to sustain the verdict on one or more counts, the Ninth Circuit can reverse. An insufficient evidence reversal is the only outcome that bars retrial under double jeopardy.

Incorrect jury instructions

Instructions that misstated the elements of the offense, shifted the burden of proof, or failed to address a key defense theory may require reversal if they affected the verdict. Whether counsel objected to the instruction determines the standard of review.

Errors at the sentencing hearing

Sentencing in federal court involves the Federal Sentencing Guidelines, mandatory minimums, and constitutional limits. Incorrect guideline calculations, facts that were found by the judge rather than the jury, and sentences that exceed statutory maximums are all reviewable.

Failure to swear in witnesses or jurors

Procedural failures — like witnesses or jurors not being properly sworn — are technical but recognized grounds for appeal. These errors are typically reviewed for harmlessness.