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Federal court guide · E.D. Mich.

Federal cases in the Eastern District of Michigan

The U.S. District Court for the Eastern District of Michigan is the federal trial court for the eastern Lower Peninsula, including Detroit, Ann Arbor and Flint. It has two divisions and five courthouses. Here is where the court sits, who prosecutes and defends cases there, and its local presentence report rules.

We handle federal cases nationwide.

Where does the court sit?

The district has a Southern Division, with court held at Ann Arbor, Detroit, Flint and Port Huron, and a Northern Division, with court held at Bay City (28 U.S.C. § 102(a)). Local Criminal Rule 18.1 assigns a criminal case to a place of holding court by the county where the offense is alleged to have happened:

United States District Court for the Eastern District of Michigan

Which appeals court covers it?

Appeals from this court go to the U.S. Court of Appeals for the Sixth 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 Sixth 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 Eastern District of Michigan, 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 Federal Community Defender for the Eastern District of Michigan, a Community Defender organization with offices in Detroit and Flint, 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 32.1 says the probation officer discloses the presentence report, without the officer's recommendation, at least 35 days before sentencing. Both sides send written objections to the probation officer and each other within 14 days. The report, the objections and counsel's letters to the probation officer about them may not be shared beyond the parties and their lawyers, the probation officer, the court and the Sentencing Commission without a court order.

“Not less than 35 days before the sentencing date, the probation officer must disclose the presentence investigation report, excluding the probation officer's recommendation”

Is Brandon Sample admitted in this court?

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

Which federal prisons are in this district?

Bureau of Prisons facilities in this district (bop.gov lists its judicial district as Eastern Michigan):

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?

How a federal criminal case works →

More questions about federal cases →

Questions about the Eastern District of Michigan

Which courthouse will an Eastern District of Michigan case be in?

It depends on the county where the offense is alleged to have happened. Under Local Criminal Rule 18.1, cases from Wayne, Oakland, Macomb, Washtenaw and five other counties go to Ann Arbor, Detroit or Port Huron; cases from Genesee, Lapeer, Livingston and Shiawassee counties go to Flint; and cases from the 21 northern counties, including Bay and Saginaw, go to Bay City.

When does the defense get the presentence report in this court?

At least 35 days before sentencing. Local Criminal Rule 32.1(a) requires the probation officer to disclose the report then, without the officer's sentencing recommendation. Under LCrR 32.1(b), written objections go to the probation officer and the other side within 14 days after disclosure.

Can an out-of-state lawyer appear pro hac vice here?

No. Local Rule 83.20(c)(1) says pro hac vice admission is not permitted. A lawyer must instead be admitted to this court's bar, and a lawyer in good standing in a state court of record or a federal district court is eligible to apply.

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 Federal Community Defender, which has offices in Detroit and Flint, 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 Sixth 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)).

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