Federal Criminal Appeals
in the Federal Circuit Courts
& Supreme Court

Your second chance to be heard after a federal criminal conviction.

At Jessica Graf Law, we represent clients in federal and Texas state criminal appeals, as well as related post-conviction matters.

If you or someone you love has just been sentenced in federal court, it can feel overwhelming and final–but it’s usually not.

A federal criminal appeal is your chance to ask a higher court to take a hard look at what happened and decide if serious errors changed the outcome of your trial.

This is where I step in: I’m Jessica Graf, a federal, Fifth Circuit, and Texas appellate attorney. My role is to fiercely advocate for you and your rights throughout the appellate process.

You have just 14 days after sentencing to file your appeal. If you’re within this window, I strongly encourage you to protect your right to be heard.

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Jessica Graf Law >> Federal Post-Conviction Relief

How Federal Criminal Appeals Work – And Where I Come In

I am a former federal public defender and a Board Certified® Criminal Appellate Law specialist.

Here’s what I want you to know: an appeal is not a new trial. Unlike at your original trial, you can’t bring in new witnesses or fresh evidence.

Instead, the Fifth Circuit judges will review the record from your trial or sentencing and decide whether the law was applied correctly.

My work is to closely examine that record, identify errors, and deliver a clear, compelling argument to the court on your behalf.

About Jessica

Common Errors & Issues the Fifth Circuit Reviews

These are the kinds of mistakes I look for in your record, and the arguments I bring to the judges' attention.

Mistakes in Calculating Sentencing Ranges

Typically occurs when the judge applied the wrong offense level or criminal history score, increasing your sentence.

Error: The district court incorrectly ruled that my client’s prior robbery conviction counted as a crime of violence, then sentenced him based on the wrong offense level.

While his appeal was pending, the United States Supreme Court issued a new decision strengthening our argument.

Outcome: The Fifth Circuit reversed. My client got a much lower sentence under the correct sentencing range.

Improper Evidentiary Rulings

When the judge either allowed the jury to hear improper evidence, or kept you from using helpful evidence at your trial.

Error: The district court improperly allowed the jury to see a chart prepared by a police officer that accused my client of moving a large quantity of drugs.

The Fifth Circuit found the chart was not based on actual evidence and significantly inflated the true quantity.

Outcome: Remanded for resentencing without the mandatory minimum.

Ineffective Assistance of Counsel

Your attorney failed to effectively investigate, prepare, or advocate for you.

Examples: You told your attorney to file a notice of appeal and they didn’t, or they didn’t file a PSR objection that would have won.

However: The Fifth Circuit typically only makes this finding on a direct appeal when it is obvious from the record.

Note: It is usually better to raise Ineffective Assistance of Counsel in a 2255 Motion, which you can learn about here.

Improper Enhancements

Often weapon or leadership enhancements added without enough evidence.

Error: The district court gave my client a sentencing enhancement for possessing a firearm loaded with a high capacity magazine.

The Fifth Circuit reversed because the government failed to put on any evidence proving that it actually was a high capacity magazine.

Outcome: My client was re-sentenced and got 50% less time.

Violation of Rights at Sentencing

The judge relied on information that he or she should not have been allowed to consider.

Due Process Violations

The Court denied you a fair hearing by making a procedural error or ignoring egregious attorney misconduct.

Mistakes in Plea Colloquy

The judge did not clearly explain the consequences of your guilty plea.

Federal Trials vs. Federal Appeals: Understanding the Differences

Trial

Appeal

Trial

Appeal

What Happens?

Witnesses testify, evidence is introduced.

No new evidence—judges only review the trial record.

Who Makes the Decision?

Jury or judge decides guilt or innocence.

Three appellate judges review for legal errors.

What’s the Focus?

What happened in the courtroom.

Whether the law was correctly applied.

Who Hears Arguments?

Arguments happen mostly in person, in front of a jury.

Arguments are made to the judges in writing through briefs. Occasionally, the judges request oral (verbal) arguments.

The Outcome

Usually final unless appealed.

The Fifth Circuit’s decision may grant a new trial, new sentencing, or even dismiss the charges entirely.

Core Values & Approach

Here are the principles that guide our work.

Precision

I examine every page of your record—transcripts, motions, and rulings—with a fine-tooth comb, uncovering errors that could change the outcome. In my years as an Assistant Federal Public Defender, I learned how to spot the kinds of mistakes that can make the difference between a sentence that stands and one that gets overturned.

Experience

Before opening my own practice, I served as an Assistant Federal Public Defender, where I handled complex appellate cases and post-conviction matters. I’ve argued and written briefs in federal appeals across Texas – on a range of issues from federal felonies all the way up to capital murder – giving me deep insight into how Fifth Circuit judges evaluate cases.

Compassion

I recognize that an appeal isn’t just a case—it’s your freedom, your family, and your future. I take time to understand your story, explain each step in plain language, and keep you informed so you never feel left in the dark.

Courage

I don’t shy away from tough cases, complex records, or difficult judges. Whether it’s standing up to a harsh sentence, challenging flawed legal reasoning, or pressing the government on constitutional violations, I confront these issues head-on.

Don’t Wait — Protect Your Right to Appeal

The clock is ticking. You have only 14 days to file a notice of appeal. If you haven’t filed yet, I can make sure your notice is submitted on time and your rights are protected.

If you’ve already filed your notice but need representation, I can step in, review the record, and help build the strongest case possible.

I offer a free 30-minute intake call to assess if I can help you.

Schedule Now

Don't Wait – Protect Your Right to Appeal