The United States Court of Appeals for the First Circuit hears appeals from the federal district courts in Maine, Massachusetts, New Hampshire, Puerto Rico and Rhode Island (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 First Circuit covers 5 federal districts:
Maine
- District of Maine (D. Me.)
Massachusetts
New Hampshire
- District of New Hampshire (D.N.H.)
Puerto Rico
- District of Puerto Rico (D.P.R.)
Rhode Island
- District of Rhode Island (D.R.I.)
Not sure which district has the case? Find the federal court.
Where does the court sit?
By law, the First Circuit holds regular sessions in Boston (28 U.S.C. § 48(a)), and it may sit elsewhere in the circuit. Its headquarters is the John Joseph Moakley U.S. Courthouse, 1 Courthouse Way, Boston, Massachusetts. The court’s website is www.ca1.uscourts.gov.
Local rules that matter in criminal appeals
These points come from the court’s own rules: First Circuit Rules of Appellate Procedure (rulebook) (amendments through June 1, 2026). Rules change, so check the current version before relying on a deadline.
The trial lawyer stays on the case
A lawyer who represented the defendant in the district court is responsible for the appeal, whether or not the lawyer has entered an appearance in the court of appeals, until the First Circuit relieves the lawyer (1st Cir. R. 12.0(b), 46.6(a)). Lawyers for both sides must file appearance forms within 14 days after the appeal is docketed (1st Cir. R. 12.0(a)).
How appointed trial counsel is replaced
When the defendant had a court-appointed lawyer below, the clerk usually sends a form asking whether the defendant wants to proceed pro se, keep trial counsel, have new counsel appointed, or hire a lawyer. Other motions to withdraw must come with new counsel's appearance or one of the documents the rule lists, such as the defendant's application for appointed counsel (1st Cir. R. 46.6(b), (c)).
Appointed counsel and certiorari
An appointed lawyer's job doesn't end with a loss. The lawyer must tell the client about the right to petition the Supreme Court and the deadline, and file the petition if the client asks and there are reasonable grounds. If the lawyer believes a petition would be frivolous, the lawyer must ask the court for leave to withdraw (1st Cir. R. 46.5(c)).
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 First Circuit?
Yes. Brandon Sample, the founder of Criminal Center, is admitted to practice before the U.S. Court of Appeals for the First 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.