The United States Court of Appeals for the Fifth Circuit sits at the John Minor Wisdom United States Court of Appeals Building in New Orleans, Louisiana, and exercises appellate jurisdiction over nine federal judicial districts across Texas (Northern, Southern, Eastern, and Western Districts), Louisiana (Eastern, Middle, and Western Districts), and Mississippi (Northern and Southern Districts). Because the Southern, Western, and Northern Districts of Texas generate one of the largest volumes of federal criminal prosecutions and sentencings in the nation—spanning major white-collar and healthcare fraud trials in Houston and Dallas, narcotics and conspiracy prosecutions, firearms charges, and border-related offenses—the Fifth Circuit handles an extraordinary volume of criminal and § 2255 appeals.
Governing Authority
28 U.S.C. §§ 41, 1291 · 18 U.S.C. § 3742
Standard of Review
Electronic Record on Appeal with Mandatory Record Excerpts (5th Cir. R. 30.1)
Primary Record Focus
John Minor Wisdom United States Court of Appeals Building (600 Camp Street, New Orleans, LA)
Overview of Criminal Appeals in the Fifth Circuit
Notably, three of the U.S. Supreme Court's most consequential modern plain-error sentencing cases—Molina-Martinez v. United States, 578 U.S. 189 (2016), Rosales-Mireles v. United States, 585 U.S. 129 (2018), and Davis v. United States, 589 U.S. 345 (2020)—originated in the Fifth Circuit, overturning restrictive Fifth Circuit doctrines and opening the door to plain-error relief for unpreserved Guidelines and factual sentencing errors.
Primary Courthouse & Sittings: John Minor Wisdom United States Court of Appeals Building (600 Camp Street, New Orleans, LA).
Originating Federal District Courts in the Fifth Circuit
The United States Court of Appeals for the Fifth Circuit exercises appellate jurisdiction over final criminal judgments, sentences, and post-conviction orders entered in the following 9 federal judicial districts (LA · MS · TX):
- Eastern District of Louisiana (E.D. La.)
- Middle District of Louisiana (M.D. La.)
- Western District of Louisiana (W.D. La.)
- Northern District of Mississippi (N.D. Miss.)
- Southern District of Mississippi (S.D. Miss.)
- Eastern District of Texas (E.D. Tex.)
- Northern District of Texas (N.D. Tex.)
- Southern District of Texas (S.D. Tex.)
- Western District of Texas (W.D. Tex.)
Major Federal Court Cities in the Fifth Circuit: Houston · Dallas · Fort Worth · San Antonio · Austin · El Paso · McAllen · Laredo · Brownsville · Plano · New Orleans · Baton Rouge · Shreveport · Jackson · Gulfport.
Convicted or Sentenced in Texas, Louisiana, or Mississippi? Navigating the Fifth Circuit
Unlike circuits that require the parties to compile a multi-volume Joint Appendix, the Fifth Circuit transmits the entire electronic district court record directly to the Court of Appeals and requires counsel to cite the electronic Record on Appeal using the standardized 'ROA.[ page number ]' citation format mandated by Fifth Circuit Rule 28.2.2. Every factual or procedural assertion in a Fifth Circuit brief must be supported by an exact `ROA.` page citation.
At the same time, the Fifth Circuit requires the appellant to file separate Record Excerpts under Fifth Circuit Rule 30.1, containing the docket sheet, notice of appeal, indictment, judgment, challenged orders or findings, and key exhibits/transcript pages.
How Counsel Prepares Record Excerpts and ROA Citations in the Fifth Circuit
Under Fifth Circuit Rule 28.2.2, every assertion in a brief regarding matters in the record must be supported by a reference to the page number of the electronic Record on Appeal, formatted precisely as `ROA.123` (or `ROA.26-10001.123` in consolidated appeals). Briefs that use non-conforming transcript citations instead of `ROA.` pagination are routinely rejected by the Fifth Circuit Clerk's Office for technical deficiency.
Under Fifth Circuit Rule 30.1.4, the appellant's Record Excerpts must include mandatory contents in a prescribed order (docket sheet, notice of appeal, indictment, verdict or plea agreement, judgment, challenged rulings, and Statement of Reasons/PSR in a separate sealed submission).
Key Doctrinal & Procedural Considerations in the Fifth Circuit
Effective appellate advocacy in the Fifth Circuit requires aligning every issue in the opening and reply briefs with binding circuit precedent and local rules:
- Mandatory `ROA.[page]` electronic record citation format in all briefs under 5th Cir. R. 28.2.2 and mandatory Record Excerpts under 5th Cir. R. 30.1.
- Supreme Court reversals of Fifth Circuit plain-error barriers in Molina-Martinez, Rosales-Mireles, and Davis—enabling relief on unpreserved Guidelines and factual sentencing errors.
- Active Second Amendment appellate litigation following New York State Rifle & Pistol Ass'n v. Bruen and United States v. Rahimi in 18 U.S.C. § 922 prosecutions.
- Fifth Circuit en banc rule in United States v. Diggles, 957 F.3d 551 (5th Cir. 2020) (en banc), requiring oral pronouncement of discretionary supervised-release conditions that are not mandatory under 18 U.S.C. § 3583(d).
- Mandatory Standard of Review section for every individual issue under 5th Cir. R. 28.2.5.
Mistakes to Avoid in a Fifth Circuit Criminal Appeal
- Citing raw transcript page numbers (e.g., 'Sent. Tr. at 14') instead of the official electronic Record on Appeal pagination (`ROA.412`), which causes the Fifth Circuit Clerk to issue a deficiency notice.
- Assuming an unpreserved factual error at sentencing cannot be reviewed for plain error; the Supreme Court unanimously abolished the Fifth Circuit's old bar in Davis v. United States, 589 U.S. 345 (2020).
- Failing to audit discretionary conditions of supervised release in the written Judgment against the oral sentencing transcript (and any adopted standing order) under United States v. Diggles (en banc).
- Omitting the mandatory Summary of the Argument or failing to state the Standard of Review under a separate heading for each issue as required by Fed. R. App. P. 28(a)(8)(B).
Frequently Asked Questions
Which federal district courts appeal to the Fifth Circuit?
The Fifth Circuit hears appeals from nine federal districts: the Northern, Southern, Eastern, and Western Districts of Texas; the Eastern, Middle, and Western Districts of Louisiana; and the Northern and Southern Districts of Mississippi.
How did Davis, Molina-Martinez, and Rosales-Mireles change Fifth Circuit sentencing appeals?
Historically, the Fifth Circuit applied unusually strict rules that denied relief when trial counsel failed to object to a sentencing error. In Molina-Martinez (2016), Rosales-Mireles (2018), and Davis (2020), the U.S. Supreme Court overturned those Fifth Circuit restrictions, holding that unpreserved Guidelines calculation errors and unpreserved factual sentencing errors are fully eligible for four-prong plain-error relief.
What is a 'Diggles error' in a Fifth Circuit sentencing appeal?
In United States v. Diggles, 957 F.3d 551 (5th Cir. 2020) (en banc), the Fifth Circuit held that a sentencing court must orally pronounce any condition of supervised release that is not required by 18 U.S.C. § 3583(d) (either by stating it aloud or by expressly adopting a document such as the PSR or a standing order that lists the condition and confirming the defendant reviewed it with counsel). Unpronounced discretionary conditions in the written judgment must be excised on appeal.
Why does the Fifth Circuit require 'ROA.' citations in briefs?
Because the Fifth Circuit builds a single consecutively paginated electronic Record on Appeal from the district court docket, Fifth Circuit Rule 28.2.2 requires all briefs to cite that unified record as `ROA.[page]` so judges can jump directly to the exact record page.
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.