Written by David Boyer, Partner. Last updated July 27, 2026.

Federal Criminal Appeals Lawyer in Tampa

On This Page

• Federal Appeals From the Middle District of Florida
• How Federal Criminal Appeals Work in Tampa
• Common Federal Charges That Lead to Appeals in Tampa
• What to Do After a Federal Conviction or Adverse Ruling
• Why Evergreen Attorneys Handles Tampa Federal Appeals
• How Evergreen Attorneys Approaches a Tampa Federal Appeal
• Frequently Asked Questions

A federal conviction in Tampa does not have to be the final word. If you or someone you care about was convicted or sentenced in the United States District Court for the Middle District of Florida, you have the right to seek appellate review, but the window to act is extraordinarily narrow. In most federal criminal cases, you have only 14 days from the entry of judgment to file a notice of appeal. Missing that deadline can eliminate your ability to challenge the conviction or sentence on direct review.

If you have been convicted or sentenced in federal court in Tampa and need to act now, contact Evergreen Attorneys at (303) 948-1489 before your appellate deadline passes.

Federal Appeals From the Middle District of Florida

Tampa sits within the Middle District of Florida, one of three federal judicial districts in the state. Federal criminal cases tried in the Tampa Division of this district are prosecuted by the United States Attorney’s Office and decided by Article III judges applying federal law, the Federal Rules of Criminal Procedure, and the United States Sentencing Guidelines.

When a defendant appeals a conviction or sentence from the Middle District of Florida, the case moves to the U.S. Court of Appeals for the Eleventh Circuit, headquartered in Atlanta, Georgia. The Eleventh Circuit reviews the district court’s legal rulings; it does not retry the facts or hear new witnesses. This is a fundamentally different process from the trial, and it requires a different set of skills.

The distinction between federal appellate practice and Florida state appellate courts matters. Federal appeals are governed by the Federal Rules of Appellate Procedure, Eleventh Circuit local rules, and a body of circuit precedent that controls how issues such as sentencing errors, evidentiary rulings, and constitutional claims are evaluated. A lawyer who handles state appeals but does not work regularly in the federal system may not recognize the procedural traps or the standards of review that determine whether an issue survives on appeal.

Why Is Evergreen Attorneys Different?

Evergreen Attorneys won 9-0 in the U.S. Supreme Court in United States v. Hemani in June 2026, demonstrating the experience necessary for effective appellate counsel.

• We exclusively focus on federal criminal defense and serious crimes.
• We only employ partner-level attorneys
• We have a strong focus on federal appeals and post-conviction relief.

How Federal Criminal Appeals Work in Tampa

The federal appellate process follows a structured timeline. Understanding each phase is critical to protecting your rights.

Notice of Appeal

Under Federal Rule of Appellate Procedure 4(b), a criminal defendant must file a notice of appeal within 14 days after the entry of judgment or the filing of a notice of appeal by the government. This deadline is treated as jurisdictional in practice, which means the Eleventh Circuit can dismiss an untimely appeal regardless of the merits.

Record Assembly and Briefing

Once the notice of appeal is filed, the district court clerk transmits the record to the Eleventh Circuit. The appellant’s opening brief must identify each issue raised on appeal, cite the relevant portion of the trial record, and explain how the district court erred under the applicable standard of review. The government files a response, and the appellant may file a reply.

Oral Argument and Decision

The Eleventh Circuit may schedule oral argument or decide the case on the briefs alone. A panel of three circuit judges reviews the record and the parties’ arguments, then issues a written opinion affirming, reversing, or remanding the case.

Further Review

If the Eleventh Circuit affirms, the defendant may petition the United States Supreme Court for a writ of certiorari. Certiorari is discretionary; the Supreme Court accepts only a small fraction of petitions. In limited circumstances, federal appeals and post-conviction relief options such as a motion under 28 U.S.C. § 2255 may also be available after direct appeal.

Evergreen Attorneys won 9-0 in the U.S. Supreme Court in United States v. Hemani in June 2026.

Common Federal Charges That Lead to Appeals in Tampa

The Middle District of Florida handles a broad range of federal criminal matters. Appeals commonly arise from cases involving:

• Federal drug crimes, including trafficking and distribution conspiracies that carry mandatory minimum sentences
• White collar federal defense matters such as wire fraud, bank fraud, and money laundering
• Health care fraud, Medicare fraud, and False Claims Act violations with criminal exposure
• Federal firearms offenses, including felon-in-possession charges under 18 U.S.C. § 922(g)
• Federal sex offenses with lengthy mandatory sentences

In each of these areas, sentencing errors, evidentiary problems, improper jury instructions, and sufficiency-of-the-evidence challenges can create viable appellate issues. The key is identifying them in the trial record before the deadline passes.

What to Do After a Federal Conviction or Adverse Ruling

If you have just been convicted or sentenced in federal court in Tampa, the most important step is to preserve your appellate rights. Here is what that looks like in practice:

1. Do not wait. The 14-day deadline to file a notice of appeal begins running from the date the judgment is entered. If you are considering an appeal, contact appellate counsel immediately.
2. Request the trial record. Your appellate lawyer will need the full transcript, including pretrial motions, trial testimony, jury instructions, and the sentencing hearing.
3. Identify preserved objections. Issues that your trial attorney raised and preserved through timely objections receive a more favorable standard of review on appeal. Unpreserved issues are reviewed only for plain error, which is a significantly higher bar.
4. Evaluate sentencing issues separately. Even if the conviction is affirmed, the Eleventh Circuit may find that the district court misapplied the Sentencing Guidelines, miscalculated the offense level, or imposed a procedurally or substantively unreasonable sentence.
5. Understand the limits. An appeal is not a second trial. The appellate court reviews legal errors; it does not re-weigh evidence or re-assess witness credibility.

Why Evergreen Attorneys Handles Tampa Federal Appeals

Evergreen Attorneys is a federal criminal defense firm that provides only partner-level representation. The firm handles federal appeals and post-conviction matters nationwide, including cases originating in the Middle District of Florida.

The firm routes federal appeals work to David Boyer, Partner, whose practice concentrates on federal appeals, post-conviction motions, federal sentencing, and supervised release. That focus matters because federal appellate work requires a lawyer who reads Eleventh Circuit opinions regularly, understands how the court applies its standards of review, and can translate a trial record into a persuasive appellate brief.

How Evergreen Attorneys Approaches a Tampa Federal Appeal

Every federal appeal begins with the record. Evergreen Attorneys reviews the trial transcript, pretrial rulings, sentencing memoranda, and the presentence investigation report to identify issues that may warrant reversal or remand.

The firm’s approach includes:

• Analyzing whether trial counsel preserved viable objections and identifying plain-error arguments where objections were not made
• Evaluating sentencing calculations for Guideline errors, incorrect criminal history scoring, or improper enhancements
• Researching Eleventh Circuit precedent and any circuit splits that could strengthen a certiorari petition
• Drafting appellate briefs that present issues clearly and concisely under the correct standard of review
• Preparing for and presenting oral argument when the panel schedules it

The firm does not handle state appeals, personal injury, family law, or general civil litigation. Every case Evergreen Attorneys accepts involves federal criminal exposure.

Frequently Asked Questions

What is a federal appeal in Tampa?

A federal appeal is a request for the U.S. Court of Appeals for the Eleventh Circuit to review a decision from a federal district court for legal error. In Tampa, that means the case originates in the Middle District of Florida and moves to the Eleventh Circuit for appellate review. The appeal is decided on the existing trial record and legal briefing; the appellate court does not hear new evidence or retry the case.

How long do I have to file a federal appeal after a conviction in Tampa?

In most federal criminal cases, the notice of appeal must be filed within 14 days after the entry of judgment under Federal Rule of Appellate Procedure 4(b). Certain post-trial motions can affect this timeline, but the baseline deadline is strict. Because the Eleventh Circuit treats this deadline as jurisdictional, a late filing can eliminate your right to direct appellate review entirely.

What issues can be raised in a federal criminal appeal?

A federal criminal appeal can challenge legal errors in the trial or sentencing proceedings. Common issues include incorrect jury instructions, improper admission or exclusion of evidence, insufficient evidence to support a conviction, Sentencing Guideline miscalculations, and procedurally or substantively unreasonable sentences. The strength of each issue depends on whether it was preserved at trial and the applicable standard of review in the Eleventh Circuit.

What court hears federal appeals from Tampa?

Federal criminal appeals from Tampa go to the U.S. Court of Appeals for the Eleventh Circuit, which has jurisdiction over federal cases from Florida, Georgia, and Alabama. The Eleventh Circuit sits in Atlanta and reviews cases in three-judge panels. This federal appellate path is entirely separate from the Florida state court system and its District Courts of Appeal.

When should someone hire a federal criminal appeals lawyer after a Tampa conviction?

You should contact a federal criminal appeals lawyer as soon as possible after a conviction or sentencing in the Middle District of Florida. The 14-day filing deadline does not leave room for delay. Even if you are unsure whether an appeal is worthwhile, an experienced appellate attorney can review the record, identify viable issues, and advise you on whether to proceed before the window closes.

If you are facing a federal criminal appeal from the Middle District of Florida, contact Evergreen Attorneys at (303) 948-1489.