Federal Appeals & Post-Conviction Relief
A federal conviction is not the end of the road. Direct appeals, 2255 motions, sentence reductions, and compassionate release each offer a path to challenge the outcome. But the deadlines are strict and the standard of review is unforgiving. You need appellate counsel who understands how trial errors become appellate issues.
Direct Appeals
Challenging the conviction
A direct appeal is not a retrial. The appellate court reviews the record for legal error — improper jury instructions, evidentiary rulings, sentencing miscalculations, prosecutorial misconduct, ineffective assistance of counsel on the record. The notice of appeal must be filed within 14 days of judgment. Missing that deadline waives the right to appeal.
- Ninth Circuit Court of Appeals — covering California, Arizona, and seven other western states
- Other federal circuits — nationwide appellate practice
- Standard of review analysis — de novo, abuse of discretion, clear error, plain error
- Oral argument preparation and presentation
For comprehensive appellate guidance, visit Federal Appeals Resource.
Post-Conviction Relief
Beyond the direct appeal
When the direct appeal is exhausted or the deadline has passed, post-conviction relief offers additional paths to challenge a federal conviction or sentence:
- 28 USC 2255 motions — collateral attack on constitutional grounds, ineffective assistance of counsel, newly discovered evidence
- Sentence reductions — retroactive guideline amendments, 18 USC 3582(c)(2) motions
- Compassionate release — extraordinary and compelling reasons, 18 USC 3582(c)(1)(A)
- Clemency petitions — presidential pardon and commutation applications
John Kirby secured a Presidential Clemency grant from President Joe Biden in 2024. He understands the full range of post-conviction options and which path offers the best chance of relief in each case.
Work directly with a former federal prosecutor.
No associates. No junior partners. You get John D. Kirby on your case from day one.
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