The United States Court of Appeals for the Third Circuit hears appeals from the federal district courts in Delaware, New Jersey, Pennsylvania and Virgin Islands (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 Third Circuit covers 6 federal districts:
Delaware
- District of Delaware (D. Del.)
New Jersey
Pennsylvania
- Eastern District of Pennsylvania (E.D. Pa.)
- Middle District of Pennsylvania (M.D. Pa.)
- Western District of Pennsylvania (W.D. Pa.)
U.S. Virgin Islands
- District Court of the Virgin Islands (D.V.I.)
Not sure which district has the case? Find the federal court.
Where does the court sit?
By law, the Third Circuit holds regular sessions in Philadelphia (28 U.S.C. § 48(a)), and it may sit elsewhere in the circuit. Its headquarters is the James A. Byrne U.S. Courthouse, 601 Market Street, Philadelphia, Pennsylvania. The court’s website is www.ca3.uscourts.gov.
Local rules that matter in criminal appeals
These points come from the court’s own rules: Third Circuit Local Appellate Rules (2011 edition, as posted on the court's rules page). Rules change, so check the current version before relying on a deadline.
Trial counsel is expected to handle the appeal
Trial counsel in a criminal case, retained or appointed, is expected to continue on appeal absent extraordinary circumstances, and may not withdraw after judgment without the court's leave. Trial counsel who isn't a member of the Third Circuit bar must promptly apply for admission (3d Cir. L.A.R. Misc. 109.1).
Anders briefs and the government's response
If counsel finds no issue of even arguable merit, counsel may file a motion to withdraw with an Anders brief. The United States must file a brief in response, and the defendant may file a pro se brief. If the panel finds arguable merit, it appoints counsel and orders new briefing. After an Anders case, the court may state that the issues lack merit for purposes of a certiorari petition, and appointed counsel then has no obligation to file one (3d Cir. L.A.R. Misc. 109.2).
Sentencing appeals: sealed presentence report
In an appeal challenging a sentence, the appellant must file, with the appendix, copies of the presentence report and the statement of reasons for the sentence in sealed envelopes (3d Cir. L.A.R. 30.3(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 Third Circuit?
Yes. Brandon Sample, the founder of Criminal Center, is admitted to practice before the U.S. Court of Appeals for the Third 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.