Federal Criminal Appeals

Challenging Federal Convictions Nationwide — Appellate Experience You Can Trust

A conviction in federal court doesn't have to be the final word. If you or a loved one has been found guilty in a U.S. District Court, the federal criminal appeals process offers a powerful path to justice. Whether the trial court made errors, your rights were violated, or your sentence was unjust, a federal appeal can reverse the outcome or significantly improve your situation.

At Hofland & Tomsheck, we are proud to offer exceptional nationwide federal appellate representation. Our firm is led by Josh Tomsheck, a nationally Board-Certified Criminal Trial Lawyer and seasoned federal litigator, and Jason Carr, a respected appellate attorney with a long track record of success in federal appeals, including multiple published reversals and favorable opinions in the Ninth Circuit Court of Appeals.

Together, Josh and Jason bring a powerful combination of trial insight and appellate skill, uniquely qualifying them to handle even the most complex federal appeals anywhere in the United States.

What Is a Federal Criminal Appeal?

A federal criminal appeal is a request for a higher court to review the decision of a federal trial court. It is not a retrial or a second chance to argue facts—it is a focused legal process that challenges whether legal errors affected the outcome of the original proceedings.

Appeals are filed in the U.S. Courts of Appeals, each of which has jurisdiction over multiple federal districts. For example:

  • Nevada, California, Arizona, and other western states fall under the Ninth Circuit
  • Texas is in the Fifth Circuit
  • Utah and Colorado are part of the Tenth Circuit

Federal appeals are governed by strict deadlines and procedures. You generally have 14 days from the entry of judgment to file a Notice of Appeal. Acting quickly is critical.

Why You Need an Experienced Federal Appellate Lawyer

Federal appellate law is an elite, technical field requiring:

  • Expert legal research
  • Advanced writing and briefing
  • In-depth knowledge of constitutional rights and federal statutes
  • Familiarity with appellate judges' reasoning and court precedent

Not all criminal defense attorneys are appellate attorneys. Success on appeal demands a lawyer who not only spots errors in trial proceedings but who also knows how to argue them persuasively in front of appellate judges. At Hofland & Tomsheck, that's exactly what we offer—with a record of wins to prove it.

Meet the Attorneys Behind Our Federal Appeals Practice

Josh Tomsheck – Federal Trial and Appeals Lawyer

Josh Tomsheck is a Nationally Board-Certified Criminal Trial Attorney and former Chief Deputy District Attorney with extensive experience in both State and Federal trials and appellate litigation. He understands how legal errors at trial—such as improper rulings, suppression issues, or sentencing miscalculations—can be effectively attacked on appeal.

Josh handles:

  • Direct appeals in complex felony and white-collar cases
  • Sentencing guideline challenges
  • Firearm enhancements under 18 U.S.C. § 924(c)
  • Appellate litigation in multiple U.S. Circuits via pro hac vice admission

He has briefed and argued appellate issues on matters involving violent crimes, drug conspiracies, financial fraud, unlawful search and seizure, and constitutional violations—all with one goal: reversing injustice.

Jason Carr – Ninth Circuit Appellate Specialist with Published Victories

Attorney Jason Carr is a nationally respected appellate litigator who has argued before the Ninth Circuit Court of Appeals on over 150 occasions. He has many published decisions and reversals to his credit, including landmark rulings involving due process, ineffective assistance of counsel, and statutory interpretation.

Jason brings:

  • A deep understanding of federal appellate strategy
  • Decades of legal writing and argument experience
  • Proven success in briefing and oral argument before federal appellate judges
  • Mastery of post-conviction remedies including § 2255 motions and habeas petitions

Jason's published decisions have not only reversed convictions and sentences but also helped shape federal appellate precedent. His work has been cited by federal judges and fellow attorneys across the country.

Together, Josh and Jason lead a national federal appeals team trusted to handle the most challenging and high-stakes cases from coast to coast.

Common Grounds for Federal Criminal Appeals

We identify and raise all viable appealable issues, including:

  • Legal errors in jury instructions
  • Improper admission or exclusion of evidence
  • Brady violations (failure to disclose exculpatory evidence)
  • Prosecutorial misconduct
  • Ineffective assistance of trial counsel
  • Sentences imposed outside the guideline range or in error
  • Fourth, Fifth, or Sixth Amendment violations

These arguments are raised through well-crafted appellate briefs and, when granted, oral argument before a panel of federal judges.

The Federal Appeals Process

Here's how the federal appellate process typically works:

1. Notice of Appeal

Must be filed within 14 days after sentencing or judgment.

2. Record on Appeal

The full trial record and transcripts are prepared and sent to the appellate court.

3. Briefing
  • We file an Opening Brief outlining errors and legal arguments.
  • The government files a Response Brief.
  • We may submit a Reply Brief.
4. Oral Argument

In selected cases, we argue the case live before a three-judge panel in the Court of Appeals.

5. Decision

The appellate court may affirm, reverse, remand for a new trial or resentencing, or issue other relief.

6. Further Review

Unfavorable decisions may be appealed further via:

  • Petition for Rehearing En Banc
  • Writ of Certiorari to the U.S. Supreme Court
  • Collateral attacks under 28 U.S.C. § 2255

Nationwide Representation in Federal Appeals

Through direct admission or pro hac vice entry, Josh Tomsheck and Jason Carr can represent clients in federal appeals across all circuits, including:

  • Ninth Circuit (Nevada, California, Arizona, etc.)
  • Fifth Circuit (Texas, Louisiana, Mississippi)
  • Tenth Circuit (Colorado, Utah, etc.)
  • Eleventh Circuit (Florida, Georgia)
  • Other circuits on a case-by-case basis

This national reach ensures that no matter where your conviction occurred, we can step in and provide exceptional appellate advocacy.

Post-Conviction Options Beyond Appeal

In addition to direct appeals, we assist with:

  • 28 U.S.C. § 2255 motions (habeas relief for unconstitutional convictions or sentences)
  • Compassionate release under the First Step Act
  • Sentence reduction or modification motions
  • Motions for new trial based on newly discovered evidence

Our team has successfully filed and won post-conviction relief motions long after the traditional appeal window has passed.

Why Clients Nationwide Trust Hofland & Tomsheck for Appeals

✅ Decades of Combined Federal Appellate Experience
✅ Published Appellate Opinions and Reversals
✅ Oral Argument Experience Before the Ninth Circuit
✅ Deep Understanding of Trial Errors and Legal Remedies
✅ Strategic Briefing, Research, and Courtroom Advocacy
✅ Nationwide Access to Federal Courts via pro hac vice admission

If your trial attorney missed key issues, made errors, or simply wasn't equipped to handle a federal trial, we can step in and fight to correct what went wrong.

Contact Us for Nationwide Federal Appellate Help

If you or your loved one has been convicted in federal court, you may have more legal options than you think. The appeals process is complex and time-sensitive—don't wait.

📞 Call Hofland & Tomsheck today at (702) 895-6760
📍 228 S. 4th Street, First Floor, Las Vegas, NV 89101
🌐 Visit us at www.NVFederalDefense.com

Let Josh Tomsheck and Jason Carr put their national appellate experience to work for you—no matter where your case is pending.

You often only get one shot at an appeal. Make it count.  Call us TODAY.