Western District of Michigan Federal Court: Divisions, Rules and Defenders

The U.S. District Court for the Western District of Michigan is the federal trial court for 49 counties in western Michigan and the Upper Peninsula, including Kent, Kalamazoo, Ingham, Ottawa and Marquette counties (28 U.S.C. § 102(b)). It has two divisions, with courthouses in Grand Rapids, Kalamazoo, Lansing and Marquette. 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 Grand Rapids, Kalamazoo, Lansing and Traverse City, and a Northern Division, with court held at Marquette and Sault Sainte Marie (28 U.S.C. § 102(b)). Local Criminal Rule 18.1 assigns each case to the division where the offense is alleged to have been committed. The court's site lists these courthouses:

Grand Rapids
Federal Building, 110 Michigan Street NW. Southern Division.
Kalamazoo
Federal Building, 410 W. Michigan Avenue. Southern Division.
Lansing
Federal Building, 315 W. Allegan Street. Southern Division.
Marquette
Federal Building, 202 W. Washington Street. Northern Division, which covers the 15 Upper Peninsula counties.

The court's site lists no courthouse in Traverse City or Sault Sainte Marie.

United States District Court for the Western 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 Western 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 Public Defender for the Western District of Michigan, a Federal Public Defender office with offices in Grand Rapids and Marquette, 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 32.2 sets a longer schedule than the federal rule. The first presentence interview is scheduled within 7 days of the order setting the sentencing date. The probation officer discloses the report at least 47 days before sentencing, and each side files a written response with any objections within 14 days. The final report goes to the court at least 21 days before sentencing, and motions for a departure or variance and all sentencing memoranda are due at least 14 days before sentencing.

“At least forty-seven (47) days before the date scheduled for sentencing, the probation officer must provide a copy of the presentence report (except the sentencing rationale)”
W.D. Mich. LCrR 32.2(b)

Is Brandon Sample admitted in this court?

Yes. Brandon Sample is admitted to practice before the U.S. District Court for the Western District of Michigan. 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 prison in this district. FCI Milan, the BOP prison in Michigan, is in the Eastern District of Michigan.

The BOP decides where each person sentenced here serves the sentence, 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 Western District of Michigan

Which courthouse will a Western District of Michigan case be in?

It depends on where the offense is alleged to have happened. Local Criminal Rule 18.1 assigns each case to that division: the Southern Division, with courthouses in Grand Rapids, Kalamazoo and Lansing, or the Northern Division, which covers the Upper Peninsula and has a courthouse in Marquette (28 U.S.C. § 102(b)).

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

At least 47 days before sentencing. Under W.D. Mich. LCrR 32.2(b), the probation officer provides the report, without the sentencing rationale, to both sides then. Under LCrR 32.2(d), each side files a written response with any objections within 14 days after disclosure.

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

The court disfavors it. LGenR 2.2(a) says the court prefers that all lawyers appearing before it become full members of its bar, though judges may allow pro hac vice admission on a temporary basis while full admission is pending.

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 Public Defender, which has offices in Grand Rapids and Marquette, 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)).

Sources

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Federal cases in the Western District of Michigan