The United States Court of Appeals for the Ninth Circuit hears appeals from the federal district courts in Alaska, Arizona, California, Idaho, Montana, Nevada, Oregon, Washington, Guam and Hawaii (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 Ninth Circuit covers 15 federal districts:
Alaska
- District of Alaska (D. Alaska)
Arizona
California
- Northern District of California (N.D. Cal.)
- Eastern District of California (E.D. Cal.)
- Central District of California (C.D. Cal.)
- Southern District of California (S.D. Cal.)
Guam
- District Court of Guam (D. Guam)
Hawaii
- District of Hawaii (D. Haw.)
Idaho
- District of Idaho (D. Idaho)
Montana
- District of Montana (D. Mont.)
Nevada
- District of Nevada (D. Nev.)
Northern Mariana Islands
- District Court for the Northern Mariana Islands (D. N. Mar. I.)
Oregon
- District of Oregon (D. Or.)
Washington
- Eastern District of Washington (E.D. Wash.)
- Western District of Washington (W.D. Wash.)
The District Court for the Northern Mariana Islands isn't named in 28 U.S.C. § 41, but the parts of Title 28 that apply to the District Court of Guam also apply to it (48 U.S.C. § 1824(b)), so its appeals go to the Ninth Circuit as Guam's do.
Not sure which district has the case? Find the federal court.
Where does the court sit?
By law, the Ninth Circuit holds regular sessions in San Francisco, Los Angeles, Portland and Seattle (28 U.S.C. § 48(a)), and it may sit elsewhere in the circuit. The court’s website is www.ca9.uscourts.gov.
Local rules that matter in criminal appeals
These points come from the court’s own rules: Federal Rules of Appellate Procedure and Ninth Circuit Rules (June 1, 2026). Rules change, so check the current version before relying on a deadline.
Counsel must ask about an appeal and stay on
Counsel must find out whether the defendant wants to appeal and file a notice of appeal if asked. Retained or appointed counsel continues on appeal until relieved and replaced (9th Cir. R. 4-1(a)). A motion to withdraw may be filed within 14 days after the notice of appeal, with proof of service on the client (9th Cir. R. 4-1(c)(1)).
Strict Anders requirements
An Anders brief must present the strongest arguments in the defendant's favor; a brief saying only that there are no arguable issues is not enough. Counsel must include the plea and sentencing transcripts and file the presentence report under seal. Anders briefs after a jury or bench trial are disfavored (9th Cir. R. 4-1(c)(2)).
Bail status in the opening brief
The opening brief in a criminal appeal must state the defendant's bail status and, if the defendant is in custody, the projected release date (9th Cir. R. 28-2.4(a)).
Rehearing petitions: 15 pages or 4,200 words
A rehearing petition may not exceed 15 pages unless it meets the alternative limit of 4,200 words, and its cover must say whether it seeks panel rehearing, rehearing en banc, or both (9th Cir. R. 40-1(a), (b)).
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 Ninth Circuit?
Yes. Brandon Sample, the founder of Criminal Center, is admitted to practice before the U.S. Court of Appeals for the Ninth 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.