The United States Court of Appeals for the Fourth Circuit hears appeals from the federal district courts in Maryland, North Carolina, South Carolina, Virginia and West Virginia (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 Fourth Circuit covers 9 federal districts:
Maryland
North Carolina
- Eastern District of North Carolina (E.D.N.C.)
- Middle District of North Carolina (M.D.N.C.)
- Western District of North Carolina (W.D.N.C.)
South Carolina
- District of South Carolina (D.S.C.)
Virginia
- Eastern District of Virginia (E.D. Va.)
- Western District of Virginia (W.D. Va.)
West Virginia
- Northern District of West Virginia (N.D. W. Va.)
- Southern District of West Virginia (S.D. W. Va.)
Not sure which district has the case? Find the federal court.
Where does the court sit?
By law, the Fourth Circuit holds regular sessions in Richmond and Asheville (28 U.S.C. § 48(a)), and it may sit elsewhere in the circuit. Its headquarters is the Lewis F. Powell Jr. Courthouse & Annex, 1100 East Main Street, Richmond, Virginia. The court’s website is www.ca4.uscourts.gov.
Local rules that matter in criminal appeals
These points come from the court’s own rules: Fourth Circuit Local Rules and Internal Operating Procedures (March 23, 2026). Rules change, so check the current version before relying on a deadline.
Shorter briefing schedule in criminal cases
In criminal appeals, the appellant's brief and appendix are due 35 days after the briefing order, the appellee's brief 21 days after that, and any reply 10 days after the appellee's brief. Extensions are granted only in extraordinary circumstances (4th Cir. Local Rule 31(a)–(c)).
Docketing statement within 14 days
Counsel filing a notice of appeal must file a docketing statement within 14 days after the appeal is docketed, with any transcript order attached (4th Cir. Local Rule 3(b)).
Guidelines appeals: transcript and presentence report
In any criminal appeal that challenges how the Sentencing Guidelines were applied, the appendix must include the sentencing hearing transcript and the presentence report, the report in a separate sealed volume (4th Cir. Local Rule 30(b)(4)).
Appointed counsel and certiorari
Appointed counsel's duty runs through advising a client who loses, in writing, of the right to seek Supreme Court review. Counsel must file a certiorari petition if the client asks in writing and there are grounds; if counsel believes a petition would be frivolous, counsel may move to withdraw, and the client gets 7 days to respond (4th Cir. Local Rule 46(d)).
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 Fourth Circuit?
Yes. Brandon Sample, the founder of Criminal Center, is admitted to practice before the U.S. Court of Appeals for the Fourth 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.