Federal cases in the Western District of New York

The U.S. District Court for the Western District of New York is the federal trial court for 17 counties in western New York, including Erie, Niagara and Monroe counties (28 U.S.C. § 112(d)). Its courthouses are in Buffalo and Rochester. Here is where the court sits, who prosecutes and defends cases there, and its local criminal rules.

We handle federal cases nationwide.

Where does the court sit?

The district has no divisions set by statute. By law, court is held at Buffalo, Canandaigua, Elmira, Jamestown and Rochester (28 U.S.C. § 112(d)). The court's site lists courthouses in Buffalo and Rochester, and Local Rule of Criminal Procedure 7(a) says which counties' cases typically go to each:

• Buffalo

  2 Niagara Square. Typically cases from Allegany, Cattaraugus, Chautauqua, Erie, Genesee, Niagara, Orleans and Wyoming counties.

• Rochester

  100 State Street. Typically cases from Chemung, Livingston, Monroe, Ontario, Schuyler, Seneca, Steuben, Wayne and Yates counties.

The court's site lists no courthouse in Canandaigua, Elmira or Jamestown.

United States District Court for the Western District of New York

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 Western District of New York, 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 New York, a Federal Public Defender office with offices in Buffalo and Rochester, 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 local criminal rules set no separate presentence report deadlines, so the federal rule applies: 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)). Under Local Rule of Criminal Procedure 32(b), the probation officer's sentencing recommendation is a separate document for the judge, and it is not shared with the parties unless the sentencing judge authorizes it.

“The Sentencing Recommendation is for the benefit of the Court and will not be disclosed to the government, the defendant, defendant's counsel or to any other person or party, unless authorized by the sentencing judge.”

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 New York. 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 this district. FCI Ray Brook, the BOP prison in upstate New York, is in the Northern District of New York.

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 →

More questions about federal cases →

Sources

• U.S. District Court for the Western District of New York
• W.D.N.Y. Buffalo location
• W.D.N.Y. Rochester location
• 28 U.S.C. § 112
• W.D.N.Y. Local Rules of Criminal Procedure (PDF, effective Jan. 1, 2025, with clerical corrections)
• W.D.N.Y. Local Rules of Civil Procedure (PDF, effective Jan. 15, 2026)
• Fed. R. Crim. P. 32
• 28 U.S.C. § 41 (circuits)
• uscourts.gov: About the U.S. Courts of Appeals
• USAO Western District of New York
• Federal Public Defender, W.D.N.Y.
• FCI Ray Brook (bop.gov)
• 18 U.S.C. § 3621
• BOP locations list

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