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Federal court guide · S.D. Tex.

Federal cases in the Southern District of Texas

The Southern District of Texas stretches from Houston and Galveston down the coast to the Rio Grande Valley and Laredo. It has seven divisions, each with its own courthouse. Here is where the court sits, who prosecutes and defends cases there, and its local sentencing schedule.

Where does the court sit?

The district has seven divisions (28 U.S.C. § 124(b)). By statute, court for the Houston Division is held in Houston and College Station. The court's site lists a courthouse in each division:

United States District Court for the Southern District of Texas

Which appeals court covers it?

Appeals from this court go to the U.S. Court of Appeals for the Fifth 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 Southern District of Texas, 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 Public Defender for the Southern District of Texas, a Federal Public Defender office based in Houston, with offices in Brownsville, Corpus Christi, Laredo and McAllen (fd.org defender directory), 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.

The court's Criminal Local Rule 32 sets the schedule: the presentence report is disclosed at least 35 days before sentencing, written objections go to the probation office within 14 days after that, and sentencing is at least 7 days after the final report reaches the judge, unless the defendant waives these times.

“Within 14 days after disclosure of the initial report, counsel shall deliver objections to the report in writing to the probation office.”

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 LR 83.1.I, applied in criminal cases by CrLR 57.3.

“A lawyer who is not admitted to practice before this Court may appear for a party in a case in this Court with the permission of the judge before whom the case is pending”

LR 83.1.I, applied in criminal cases by CrLR 57.3

Which federal prisons are in this district?

Bureau of Prisons facilities in this district (bop.gov lists their judicial district as Southern Texas):

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

More questions families ask →

Questions about the Southern District of Texas

Which courthouse will my loved one's case be in?

It depends on the county where the case arose. The Southern District of Texas has seven divisions, with court held in Houston (and College Station), Galveston, Corpus Christi, Laredo, McAllen, Brownsville and Victoria (28 U.S.C. § 124(b)). Houston-area cases are usually in the Houston Division; cases from the Rio Grande Valley are in McAllen or Brownsville.

Who prosecutes federal cases in the Southern District of Texas?

The United States Attorney's Office for the Southern District of Texas (justice.gov/usao-sdtx), part of the U.S. Department of Justice.

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 Public Defender for the Southern District of Texas 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 Fifth 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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