The United States Court of Appeals for the Eleventh Circuit is headquartered at the Elbert P. Tuttle United States Court of Appeals Building in Atlanta, Georgia, and also sits regularly in Miami, Jacksonville, Tampa, and Montgomery. It exercises appellate jurisdiction over all nine federal judicial districts across Florida (Southern, Middle, and Northern Districts), Georgia (Northern, Middle, and Southern Districts), and Alabama (Northern, Middle, and Southern Districts).
Governing Authority
28 U.S.C. §§ 41, 1291 · 18 U.S.C. § 3742
Standard of Review
Appellant's Appendix Ordered Chronologically by Docket Number (`Doc. [Entry]`) (11th Cir. R. 30-1)
Primary Record Focus
Elbert P. Tuttle United States Court of Appeals Building (Atlanta, GA) & David W. Dyer Federal Building and U.S. Courthouse (Miami, FL)
Overview of Criminal Appeals in the Eleventh Circuit
Because the Southern and Middle Districts of Florida and the Northern District of Georgia rank among the highest-volume federal criminal venues in the nation—particularly for Medicare and healthcare fraud, wire and mail fraud, money laundering, Maritime Drug Law Enforcement Act (MDLEA, 46 U.S.C. § 70503) prosecutions, international narcotics conspiracies, and firearms offenses—the Eleventh Circuit has a massive and highly specialized criminal appellate docket.
Primary Courthouse & Sittings: Elbert P. Tuttle United States Court of Appeals Building (Atlanta, GA) & David W. Dyer Federal Building and U.S. Courthouse (Miami, FL).
Originating Federal District Courts in the Eleventh Circuit
The United States Court of Appeals for the Eleventh Circuit exercises appellate jurisdiction over final criminal judgments, sentences, and post-conviction orders entered in the following 9 federal judicial districts (AL · FL · GA):
- Middle District of Alabama (M.D. Ala.)
- Northern District of Alabama (N.D. Ala.)
- Southern District of Alabama (S.D. Ala.)
- Middle District of Florida (M.D. Fla.)
- Northern District of Florida (N.D. Fla.)
- Southern District of Florida (S.D. Fla.)
- Middle District of Georgia (M.D. Ga.)
- Northern District of Georgia (N.D. Ga.)
- Southern District of Georgia (S.D. Ga.)
Major Federal Court Cities in the Eleventh Circuit: Miami · Fort Lauderdale · West Palm Beach · Tampa · Orlando · Jacksonville · Fort Myers · Tallahassee · Pensacola · Atlanta · Savannah · Macon · Augusta · Birmingham · Montgomery · Mobile · Huntsville.
Convicted or Sentenced in Florida, Georgia, or Alabama? Key Eleventh Circuit Rules
Three landmark Eleventh Circuit en banc and panel doctrines shape almost every sentencing and post-conviction appeal in the circuit. First, in United States v. Dupree, 57 F.4th 1269 (11th Cir. 2023) (en banc), the Eleventh Circuit overruled its prior precedent and held under Kisor v. Wilkie that courts may NOT defer to Sentencing Guidelines commentary or Application Notes unless the text of the Guideline itself is genuinely ambiguous—holding that an inchoate conspiracy conviction is not a 'controlled substance offense' under U.S.S.G. § 4B1.2(b) and opening the door to textual challenges across the Guidelines Manual.
Second, under United States v. Jones, 899 F.2d 1097, 1102–03 (11th Cir. 1990), after imposing sentence, a district court in the Eleventh Circuit must elicit 'fully articulated objections' to the court's findings of fact, conclusions of law, and the manner in which the sentence was imposed. If the district judge merely asks 'Anything else?' instead of eliciting objections under Jones, the Eleventh Circuit vacates or excuses the failure to object on appeal! Third, in Clisby v. Jones, 960 F.2d 925 (11th Cir. 1992) (en banc), and Rhode v. United States, 583 F.3d 1289 (11th Cir. 2009), the Eleventh Circuit requires district courts to resolve every constitutional claim raised in a § 2255 motion regardless of whether relief is granted or denied.
How Counsel Prepares the Appendix and Certificate of Interested Persons in the Eleventh Circuit
Under Eleventh Circuit Rule 26.1-1 and 28-1, every brief and motion must begin with a comprehensive Certificate of Interested Persons and Corporate Disclosure Statement (`CIP`) listing every trial judge, magistrate judge, prosecutor, defense attorney, victim (where applicable), and party, and counsel must also maintain the electronic web-based CIP within 14 days of docketing.
Under Eleventh Circuit Rule 30-1, within 7 days of filing the appellant's opening brief, the appellant must file an Appendix organized strictly by district court docket entry number (`Doc. __`) containing the docket sheet, indictment, judgment, notice of appeal, and all relevant record filings and transcript excerpts.
Key Doctrinal & Procedural Considerations in the Eleventh Circuit
Effective appellate advocacy in the Eleventh Circuit requires aligning every issue in the opening and reply briefs with binding circuit precedent and local rules:
- United States v. Dupree, 57 F.4th 1269 (11th Cir. 2023) (en banc): Sentencing Commission commentary receives zero deference unless the Guideline text is genuinely ambiguous.
- The Eleventh Circuit 'Jones inquiry' rule (United States v. Jones, 899 F.2d 1097 (11th Cir. 1990)): district judges must elicit fully articulated objections after pronouncing sentence; asking 'anything else?' does not satisfy Jones.
- Clisby v. Jones / Rhode v. United States rule in § 2255 appeals: if the district court failed to address every claim pleaded in a § 2255 motion, the Eleventh Circuit vacates and remands.
- Strict Eleventh Circuit abandonment rule (United States v. Jernigan) and mandatory Certificate of Interested Persons (`CIP`) compliance under 11th Cir. R. 26.1-1.
- Strict scrutiny of plea agreement appeal waivers under United States v. Bushert, 997 F.2d 1343 (11th Cir. 1993).
Mistakes to Avoid in a Eleventh Circuit Criminal Appeal
- Conceding plain-error review on a procedural sentencing issue without checking whether the district court complied with United States v. Jones after pronouncing sentence.
- Overlooking a United States v. Dupree (en banc) challenge whenever an enhancement in SDFL, MDFL, or NDGA relies on a Sentencing Guidelines Application Note rather than the Guideline text.
- Missing the 7-day post-briefing deadline to file the properly indexed Appendix under 11th Cir. R. 30-1 or omitting required individuals from the Certificate of Interested Persons (`CIP`).
- Raising an issue only in passing or in a footnote; under Eleventh Circuit precedent, issues not prominently raised with dedicated headings and argument in the opening brief are deemed abandoned.
Frequently Asked Questions
Which nine federal judicial districts appeal to the Eleventh Circuit?
The Eleventh Circuit hears appeals from nine districts across three states: the Southern, Middle, and Northern Districts of Florida; the Northern, Middle, and Southern Districts of Georgia; and the Northern, Middle, and Southern Districts of Alabama.
How did the Eleventh Circuit's en banc decision in United States v. Dupree change sentencing appeals?
In United States v. Dupree, 57 F.4th 1269 (11th Cir. 2023) (en banc), the Eleventh Circuit held that under Kisor v. Wilkie, courts cannot defer to Sentencing Guidelines Application Notes or commentary unless the text of the Guideline itself is genuinely ambiguous. Dupree invalidated the use of drug conspiracy convictions as 'controlled substance offenses' under U.S.S.G. § 4B1.2 and empowers challenges to other commentary-driven enhancements.
What is the 'Jones rule' at the end of an Eleventh Circuit sentencing hearing?
Under United States v. Jones, 899 F.2d 1097 (11th Cir. 1990), after imposing sentence, a district court must explicitly ask the parties whether they have any objections to the sentence or the manner in which it was imposed. Merely asking 'Anything else?' is legally insufficient under Eleventh Circuit precedent, and preserves procedural sentencing objections for full appellate review.
What is a 'Clisby error' in an Eleventh Circuit § 2255 appeal?
Under Clisby v. Jones, 960 F.2d 925 (11th Cir. 1992) (en banc), and Rhode v. United States, 583 F.3d 1289 (11th Cir. 2009), a district court must resolve every constitutional claim raised in a § 2255 motion. If the district court overlooks or fails to rule on even one claim or sub-claim, the Eleventh Circuit will vacate the judgment and remand for the district court to address the omitted claim.
Attorney Review & Contribution
Erik Friis — Federal & California Criminal Defense Attorney
California State Bar No. 189830 · Admitted to the U.S. Court of Appeals for the Ninth Circuit and U.S. District Court for the Southern District of California.
Erik Friis contributes legal expertise and attorney oversight to Federal Criminal Appeals Group, supporting content concerning federal criminal appeals, post-conviction relief, and related federal criminal proceedings.