The United States Court of Appeals for the Fifth Circuit hears appeals from the federal district courts in Louisiana, Mississippi and Texas (28 U.S.C. § 41). In a criminal case, the defendant’s notice of appeal is due in the district court within 14 days after the judgment is entered (Fed. R. App. P. 4(b)(1)(A)). The national appellate rules apply here, along with this court’s own local rules; the points below are local rules that matter in criminal appeals.
Which federal courts does it cover?
The Fifth Circuit covers 9 federal districts:
Louisiana
- Eastern District of Louisiana (E.D. La.)
- Middle District of Louisiana (M.D. La.)
- Western District of Louisiana (W.D. La.)
Mississippi
- Northern District of Mississippi (N.D. Miss.)
- Southern District of Mississippi (S.D. Miss.)
Texas
- Northern District of Texas (N.D. Tex.)
- Southern District of Texas (S.D. Tex.)
- Eastern District of Texas (E.D. Tex.)
- Western District of Texas (W.D. Tex.)
Not sure which district has the case? Find the federal court.
Where does the court sit?
By law, the Fifth Circuit holds regular sessions in New Orleans, Fort Worth and Jackson (28 U.S.C. § 48(a)), and it may sit elsewhere in the circuit. Its headquarters is the John Minor Wisdom U.S. Courthouse, 600 S. Maestri Place, New Orleans, Louisiana. The court’s website is www.ca5.uscourts.gov.
Local rules that matter in criminal appeals
These points come from the court’s own rules: Federal Rules of Appellate Procedure with Fifth Circuit Rules and IOPs (as amended through December 2025). Rules change, so check the current version before relying on a deadline.
Separate petitions for panel and en banc rehearing
The Fifth Circuit requires separate petitions for panel rehearing and rehearing en banc, and the clerk must receive the petition within the time in Fed. R. App. P. 40(d)(1) (5th Cir. R. 40.1, 40.1.4, 40.2.2).
En banc petitions are for rare cases
The court reminds counsel that the duty to a client is fully met without an en banc petition unless the case meets the strict standards of Fed. R. App. P. 40(b)(2), and it may impose sanctions for manifest abuse of the procedure (5th Cir. R. 40.2.1).
Record excerpts include the indictment
The record excerpts filed with the appellant's brief must include, among other things, the docket sheet, the notice of appeal, the indictment in a criminal case, the verdict, and the judgment (5th Cir. R. 30.1.4).
Deadlines that apply in every circuit
- Notice of appeal: 14 days for a defendant, 30 days for the government (Fed. R. App. P. 4(b)(1)).
- Ordering transcripts: within 14 days after filing the notice of appeal (Fed. R. App. P. 10(b)(1)).
- Rehearing: 14 days after judgment in a criminal case (Fed. R. App. P. 40(d)(1)).
- Certiorari: 90 days after judgment, or after the denial of a timely rehearing petition (Sup. Ct. R. 13.1, 13.3).
For the whole process, see how federal criminal appeals work.
Is Brandon Sample admitted in the Fifth Circuit?
Yes. Brandon Sample, the founder of Criminal Center, is admitted to practice before the U.S. Court of Appeals for the Fifth Circuit. He has also handled federal cases in courts across the country.
Rules checked against the court’s official rules on October 18, 2026. This page is general information about federal appeals, not legal advice for any case.