The Eastern District of Pennsylvania covers Philadelphia and eight counties in southeastern Pennsylvania: Berks, Bucks, Chester, Delaware, Lancaster, Lehigh, Montgomery and Northampton. Here is where the court sits, who prosecutes and defends cases there, and its local sentencing schedule.
Where does the court sit?
The district covers nine counties, and court is held at Allentown, Easton, Lancaster, Reading and Philadelphia (28 U.S.C. § 118(a)). It has no divisions. The court's site lists these courthouses:
Philadelphia
James A. Byrne U.S. Courthouse, 601 Market Street.
Allentown
Edward N. Cahn U.S. Courthouse, 504 West Hamilton Street.
Reading
The Gateway Building, 201 Penn Street.
Easton
Holmes Building, 101 Larry Holmes Drive.
Under Local Criminal Rule 50.1(c), if the defendant lives in, or the charged events happened in, Berks, Lancaster, Lehigh or Northampton County, the case goes to a judge stationed in Reading, Lancaster, Easton or Allentown, and is heard there unless the court directs otherwise. Other cases are tried in Philadelphia unless the court directs otherwise. The court's site lists no Lancaster courthouse.
United States District Court for the Eastern District of Pennsylvania
Which appeals court covers it?
Appeals from this court go to the U.S. Court of Appeals for the Third 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).
Who prosecutes and who defends?
Federal prosecutors here work for the United States Attorney's Office for the Eastern District of Pennsylvania, 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 Office for the Eastern District of Pennsylvania, the federal defender office the court set up under the Criminal Justice Act, based in Philadelphia, 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 32.3 sets the schedule here. Sentencing usually happens no sooner than 100 days after a guilty plea or verdict, unless the judge sets a different date. The probation officer gives the presentence report to the defense and the prosecutor at least 35 days before sentencing, and written objections are due within 14 days after receiving it. The probation officer's sentencing recommendation is not shared unless the judge directs it. At least 7 days before sentencing, the final report goes to the judge with a summary of any objections still in dispute.
“Any objection not filed will be deemed waived unless the Court finds good cause for allowing it to be raised.”
How does a lawyer from outside the district appear here?
In many federal courts, a lawyer who isn’t a member of the court’s bar must ask the judge for permission to appear in a specific case (often called pro hac vice admission), and many courts also require a lawyer who is a member of their bar to sponsor the request or appear alongside. The judge decides whether to allow it. In this court, the rule is Local Civil Rule 83.5.2(b), applied in criminal cases by Local Criminal Rule 1.2.
“shall not actively participate in the conduct of any trial or pre-trial or post-trial proceeding before this Court unless, upon motion of a member of the bar of this Court containing a verified application, leave to do so shall have been granted.”
Which federal prisons are in this district?
Bureau of Prisons facility in this district (from bop.gov, which lists its judicial district as Eastern Pennsylvania):
- FDC Philadelphia
Administrative security. 700 Arch Street, Philadelphia.
FCI Schuylkill, FCI Lewisburg, USP Canaan and the Allenwood complex are in the Middle District of Pennsylvania (bop.gov).
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 families should know about federal cases 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. Families 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).
Questions about the Eastern District of Pennsylvania
Will my loved one's case be in Philadelphia or another courthouse?
Most cases are tried in Philadelphia. Under the court's Local Criminal Rule 50.1(c), if the defendant lives in, or the charged events happened in, Berks, Lancaster, Lehigh or Northampton County, the case goes to a judge stationed in Reading, Lancaster, Easton or Allentown, unless the court directs otherwise. The charging papers and the docket show where the case is.
How long after a guilty plea is sentencing in this court?
Under the court's Local Criminal Rule 32.3(1), sentencing happens no sooner than 100 days after a guilty plea or verdict, unless the judge sets an earlier or later date.
What if my loved one can't afford a lawyer?
The court can appoint one (18 U.S.C. § 3006A). In this district, appointed lawyers come from the Federal Community Defender Office for the Eastern District of Pennsylvania 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 Third 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
- U.S. District Court for the Eastern District of Pennsylvania
- E.D. Pa. Philadelphia courthouse
- E.D. Pa. Allentown courthouse
- E.D. Pa. Reading courthouse
- E.D. Pa. Easton courthouse
- 28 U.S.C. § 118
- E.D. Pa. Local Rules
- E.D. Pa. Local Criminal Rules (Sept. 18, 2018 PDF)
- E.D. Pa. Local Civil Rules (amended through May 8, 2023 PDF)
- 28 U.S.C. § 41 (circuits)
- uscourts.gov: About the U.S. Courts of Appeals
- USAO Eastern District of Pennsylvania
- Federal Community Defender, E.D. Pa.: What we do
- FDC Philadelphia (bop.gov)
- BOP locations list