Federal cases in the Western District of Texas

The Western District of Texas runs from Austin and San Antonio west to El Paso, and from Waco south to the border at Del Rio. It has seven divisions. Here is where the court sits, who prosecutes and defends cases there, and its local sentencing schedule.

We handle federal cases nationwide.

Where does the court sit?

The district has seven divisions (28 U.S.C. § 124(d)). By statute, court is held at Austin, Waco, El Paso, San Antonio, Del Rio, Pecos, Alpine and Midland, and the court may also sit in Odessa when a courtroom is made available at no cost to the government. The court's site lists these clerk's offices:

• San Antonio

  262 West Nueva Street. Covers Bexar, Comal, Guadalupe and 11 other counties.

• Austin

  501 West Fifth Street. Covers Travis, Williamson, Hays, Bastrop and 13 other counties.

• El Paso

  525 Magoffin Avenue. Covers El Paso County.

• Waco

  800 Franklin Avenue. Covers McLennan, Bell, Coryell and 10 other counties.

• Del Rio

  111 East Broadway. Covers Val Verde, Maverick, Uvalde and four other counties.

• Midland-Odessa

  200 East Wall, Midland. Covers Andrews, Crane, Ector, Martin, Midland and Upton counties.

• Pecos and Alpine

  410 South Cedar, Pecos, and 2450 State Highway 118, Alpine. Covers Reeves, Pecos, Brewster, Presidio and nearby counties in far West Texas. By statute, Hudspeth County is in the Pecos Division (28 U.S.C. § 124(d)(6)), but the court's site lists it with El Paso. Check the charging papers for the division.

United States District Court for the Western 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 Western 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 Western District of Texas, a Federal Public Defender office headquartered in San Antonio, with staffed branches in Austin, El Paso, Waco, Del Rio, Midland and Alpine, 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 Rule CR-32 says that, except for good cause, the court should sentence the defendant within 60 days after the verdict or guilty plea. The federal report deadlines apply: 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)). If both sides waive those limits, CR-32(b) sets shorter ones: the report at least 24 days before sentencing and written objections within 10 days.

“Except for good cause, the court should sentence the defendant within 60 days after the date of the verdict or entry of guilty plea.”

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 Texas. 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 (from bop.gov; each is in a county that 28 U.S.C. § 124(d) places in the Western District):

• FCI Bastrop

  Low security, with a satellite camp. Bastrop, Bastrop County.

• FCI La Tuna

  Low security, with a satellite camp. Anthony, El Paso County.

FCI Big Spring is in Howard County, which is in the Northern District of Texas (28 U.S.C. § 124(a)).

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).

More questions families ask →

Sources

• U.S. District Court for the Western District of Texas
• W.D. Tex. office locations
• 28 U.S.C. § 124
• W.D. Tex. Local Rule AT-1 (PDF)
• W.D. Tex. Local Rule CR-32 (PDF)
• 28 U.S.C. § 41 (circuits)
• uscourts.gov: About the U.S. Courts of Appeals
• USAO Western District of Texas
• Federal Public Defender, W.D. Tex.
• FCI Bastrop (bop.gov)
• FCI La Tuna (bop.gov)
• FCI Big Spring (bop.gov)

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