District of Vermont Federal Court: Courthouses, Rules and Defenders

The U.S. District Court for the District of Vermont is the federal trial court for the whole state. Its courthouses are in Burlington and Rutland. Here is where the court sits, who prosecutes and defends federal cases there, and the local rules that shape the presentence report.

We handle federal cases nationwide.

Where does the court sit?

Vermont is one judicial district with no divisions. By law, court is held at Bennington, Brattleboro, Burlington, Montpelier, Rutland, Saint Johnsbury and Windsor (28 U.S.C. § 126). The court's site says its courthouses are in Burlington and Rutland:

Burlington (headquarters)
11 Elmwood Avenue, Room 200.
Rutland
151 West Street, Room 204.

United States District Court for the District of Vermont

Which appeals court covers it?

Appeals from this court go to the U.S. Court of Appeals for the Second Circuit (28 U.S.C. §§ 41, 1294(1)). Its decisions are binding on the federal judges in this district, so its precedent governs cases here (uscourts.gov, About the U.S. Courts of Appeals).

Our Second Circuit appeals guide covers deadlines and the court’s own rules for criminal appeals.

Who prosecutes and who defends?

Federal prosecutors here work for the United States Attorney's Office for the District of Vermont, part of the U.S. Department of Justice.

Anyone charged with a federal crime who can’t afford a lawyer can ask the court to appoint one (18 U.S.C. § 3006A). Here, appointed lawyers come from the Office of the Federal Public Defender for the District of Vermont, a Federal Public Defender office, or from a panel of private lawyers the court approves.

Where are the local rules and sentencing procedures?

Every federal court follows the national rules, such as the Federal Rules of Criminal Procedure, plus its own local rules. This court publishes them on its local rules page.

Local Criminal Rule 32 lets defense counsel attend any probation interview of the defendant and keeps the probation officer's sentence recommendation from the parties. Counsel may not give the defendant a copy of the presentence report unless information about cooperation is removed, though counsel may go over the full report with the defendant. The federal rule sets the report deadlines: the report goes to the defense at least 35 days before sentencing, and objections are due within 14 days (Fed. R. Crim. P. 32(e)(2), (f)).

“The probation officer’s sentence recommendation must not be disclosed to the parties.”
L.Cr.R. 32(d)

Is Brandon Sample admitted in this court?

Yes. Brandon Sample is admitted to practice before the U.S. District Court for the District of Vermont. He has also handled federal cases in courts across the country.

Which federal prisons are in this district?

The bop.gov location list shows no Bureau of Prisons facility in Vermont.

People sentenced here are sent to BOP facilities in other states. The BOP decides where, and by law it tries to place people within 500 driving miles of home when it can (18 U.S.C. § 3621(b)).

A prison being in this district doesn’t mean someone sentenced here will go there. The Bureau of Prisons decides where each person serves their sentence (18 U.S.C. § 3621(b)).

What should you know about a federal case in this district?

The first hearing comes fast. After an arrest, the person goes before a magistrate judge without unnecessary delay for an initial appearance (Fed. R. Crim. P. 5(a)). The judge decides whether they stay in custody while the case goes on (18 U.S.C. § 3142).
Most felony cases start with an indictment. A grand jury decides in private whether to approve the charges (Fed. R. Crim. P. 6, 7).
The presentence report matters. A federal probation officer writes a report on the offense and the person’s life before sentencing, and the defense can object to mistakes in it (Fed. R. Crim. P. 32(c)–(f)). Check this court’s schedule above.
The judge decides the sentence. The judge must consider the Sentencing Guidelines and the factors in 18 U.S.C. § 3553(a), including the person’s history and background. Family and friends can write letters; there is no limit on the background information a judge may consider (18 U.S.C. § 3661).
The appeal clock is short. A defendant’s notice of appeal is usually due within 14 days after the judgment is entered (Fed. R. App. P. 4(b)(1)(A)).
Prison phones and email are monitored. Don’t discuss the case on them (28 C.F.R. § 540.102).

How a federal criminal case works →

Questions about the District of Vermont

Where is the federal court in Vermont?

In Burlington and Rutland. Vermont is one federal district, and by law court can be held at Bennington, Brattleboro, Burlington, Montpelier, Rutland, Saint Johnsbury and Windsor (28 U.S.C. § 126). The court's site lists its courthouses at 11 Elmwood Avenue in Burlington and 151 West Street in Rutland.

Can a defense lawyer attend the presentence interview?

Yes. Local Criminal Rule 32(b) says defense counsel is entitled to attend any interview of the defendant by the probation officer. Counsel must be available for the interview within 10 days after the conviction or guilty plea, unless the court grants more time.

Can the defendant keep a copy of the presentence report?

Only a redacted one. Under Local Criminal Rule 32(c)(1), defense counsel may not give the defendant a draft or copy of the report unless statements about the defendant's or anyone else's cooperation are removed. Counsel may still review the full report with the defendant.

Who represents people here who can't afford a lawyer?

The court can appoint a lawyer (18 U.S.C. § 3006A). In this district, appointed lawyers come from the Office of the Federal Public Defender for the District of Vermont or from a panel of private lawyers the court approves.

Where do appeals from this court go?

To the U.S. Court of Appeals for the Second Circuit (28 U.S.C. §§ 41, 1294(1)). A defendant's notice of appeal is usually due within 14 days after the judgment is entered (Fed. R. App. P. 4(b)(1)(A)).

Sources

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Federal cases in the District of Vermont