Federal Criminal Appeals in the U.S. Court of Appeals for the Seventh Circuit
Image credit to the Library of Congress
Last week's CLE event, hosted by the Federal Bar Association Chicago Chapter, guided attorneys on how to handle criminal appeals in the U.S. Court of Appeals for the Seventh Circuit. Organized in partnership with the Seventh Circuit Bar Association Criminal Law and Procedure Committee, attendees joined Zoom for You’ve Taken an Appeal in a Criminal Matter. Now What? This one-hour program walked federal practitioners through the life cycle of a federal criminal appeal, from the initial notice filed to the final client communication.
The program’s featured presenters were Hannah V. Garst (Law Offices of Hannah Garst, P.C.) and Ruth F. Masters (MastersLaw LLC). Saul Ewing LLP sponsored the event.
Understanding the Process for Federal Criminal Appeals
The December 12th program began its discussion with the topic of appointment or retention after the initial conviction and sentencing. Garst and Masters emphasized attorneys must have a clear, methodical plan for understanding the case and the record before they start drafting their briefs.
The first step is to clearly define the scope of representation and promptly identify all applicable deadlines. Counsel should then confirm that the appellate record is complete by ensuring that key transcripts, motions, exhibits, and orders are included. They should also identify any missing materials that may require action. The presenters emphasized that a thorough and well-organized review of the record is foundational to an effective appellate strategy.
They also described issue spotting as a disciplined process rather than an effort to identify every conceivable error. Attendees were encouraged to focus on issues that were properly preserved, supported by the record, and significant under the governing standards of review. Finally, the presenters stressed the importance of early, candid communication with clients—explaining what a criminal appeal can and cannot accomplish, outlining relevant timelines, and managing expectations regarding the likelihood and scope of relief.
Plea Agreements & Trials Offer Different Paths on Federal Criminal Appeals
A significant portion of the program examined how criminal appeals differ depending on whether the conviction resulted from a guilty plea or a trial. In plea-based cases, Garst and Masters emphasized the importance of carefully reviewing the plea agreement, the plea colloquy, and the factual basis for the plea. They encouraged attorneys to consider threshold questions such as whether an appeal waiver exists, the scope of that waiver, and whether any exceptions preserve particular issues for review. The presenters noted that, in many plea-based appeals, potentially viable claims are often confined to sentencing issues or narrowly tailored challenges to the validity of the plea itself.
In contrast, appeals arising from trials require close attention to pretrial motions, trial objections, jury instructions, and post-trial rulings. The presenters explained how to identify properly preserved errors, determine whether issues will be reviewed de novo or under the more deferential plain-error standard, and evaluate which arguments are most likely to influence the outcome on appeal. They cautioned that not every issue raised at trial warrants appellate review; instead, effective appellate advocacy depends on prioritizing a limited number of well-supported, strategically selected issues.
During this segment, the presenters underscored the importance of reviewing the record through both trial and appellate perspectives. In criminal appeals, counsel must develop a clear understanding of how the case actually unfolded, rather than relying on client recollections or condensed trial summaries. Doing so ensures that appellate arguments are firmly grounded in the transcript and properly framed in accordance with Seventh Circuit precedent and practice.
Sentencing, Ineffective Assistance & Strategic Briefing
In the latter portion of the session, the webinar shifted to sentencing, a recurring focal point in many criminal appeals. Garst and Masters encouraged attendees to approach sentencing review in a systematic manner by:
• confirming the accuracy of the guideline calculations;
• examining how sentencing objections were raised and resolved; and
• assessing whether the district court adequately considered and explained the statutory sentencing factors.
The presenters also addressed common sentencing issues—such as guideline miscalculations, inadequate explanations, or reliance on improper considerations—and explained how to present these arguments clearly and effectively in an appellate brief. In addition, Garst and Masters discussed claims of ineffective assistance of counsel, a topic that frequently arises in post-conviction discussions. They emphasized that many such claims are better suited for collateral proceedings, where factual development is possible, rather than for direct appeal. An essential aspect of effective appellate representation, they noted, is helping clients understand this distinction, particularly those who are dissatisfied with the trial outcome and seeking an immediate remedy.
Finally, the presenters walked attendees through the decision-making process surrounding appellate briefing. They discussed when a merits brief is appropriate, when an Anders brief may be required, and how to navigate the balance between ethical obligations and effective client advocacy. The program then turned to post-briefing considerations, including preparation for oral argument, evaluating whether to seek rehearing or en banc review, and advising clients on next steps—such as petitions for certiorari or collateral relief, including motions under 28 U.S.C. § 2255.
Practical Takeaways for Federal Criminal Appeals
Overall, You’ve Taken an Appeal in a Criminal Matter. Now What? offered a clear, structured roadmap for lawyers navigating federal criminal appeals in the Seventh Circuit. Across each stage, the presenters emphasized preparation, clarity, and candor.
For practitioners, the key takeaways were straightforward:
Treat the notice of appeal as the start of a disciplined process.
Build your arguments on a complete and well-understood record.
Choose issues strategically.
Communicate honestly with clients about what an appeal can realistically accomplish.
Remain mindful of when claims belong on direct appeal and when they should be reserved for collateral review.
Interested in building on these insights? For additional FBA programming, explore our upcoming events!
