Issue Preservation for Federal Appeals

Key Takeaways:

• An appellate court generally reviews only issues that were raised and ruled on in the district court.
• The notice of appeal deadline in a criminal case is 14 days under Fed. R. App. P. 4(b)(1).
• The court of appeals has jurisdiction over final decisions of the district court under 28 U.S.C. § 1291.

Preservation begins at trial

The issues an appellate court will review are usually the ones the district court was asked to decide: objections to evidence, motions, and sentencing arguments. An issue raised for the first time on appeal is reviewed, if at all, under the far stricter plain error standard.

The notice of appeal

Fed. R. App. P. 4(b)(1) requires a defendant's notice of appeal in a criminal case to be filed within 14 days after the entry of the judgment or order being appealed, or the filing of the government's notice of appeal, whichever is later. The deadline is jurisdictional in effect: a late notice generally ends the appeal.

What the court of appeals can review

28 U.S.C. § 1291 gives the courts of appeals jurisdiction over appeals from all final decisions of the district courts. Interlocutory review is the narrow exception; most rulings must await final judgment.

Primary sources

• Fed. R. App. P. 4(b)(1) — text of the statute or rule as published by law.cornell.edu (law.cornell.edu). Verbatim: “In a criminal case, a defendant's notice of appeal must be filed in the district court within 14 days after the later of: (i) the entry of either the judgment or the order being appealed; or (ii) the filing of the government's notice of appeal”
• 28 U.S.C. § 1291 — text of the statute or rule as published by law.cornell.edu (law.cornell.edu). Verbatim: “The courts of appeals (other than the United States Court of Appeals for the Federal Circuit) shall have jurisdiction of appeals from all final decisions of the district courts of the United States, the United States District Court for the District of the Canal Zone, the District Court of Guam, and the District Court of the Virgin Islands, except where a direct review may be had in the Supreme Court.”

Sources listed above were accessed and verified on August 20, 2026. Statutes and rules are quoted from the linked primary pages as published on that date. Information on this site is general in nature and is not legal advice.

Related reading

• Federal Sentencing Mitigation Before the PSR
• Federal Pre-Indictment Defense Strategy
• What to Do When You Receive a Federal Grand Jury Target Letter
• The Depth Library

This article is part of the Corydon Law Research Desk reference on federal criminal procedure. Browse the blog or the depth library.