The United States Court of Appeals for the Fourth Circuit sits at the historic Lewis F. Powell, Jr. United States Courthouse in Richmond, Virginia, and exercises appellate jurisdiction over nine federal judicial districts across Maryland, North Carolina, South Carolina, Virginia, and West Virginia—including the 'Rocket Docket' of the Eastern District of Virginia (Alexandria, Richmond, Norfolk, Newport News) and the high-volume criminal dockets of Maryland and the Carolinas.
Governing Authority
28 U.S.C. §§ 41, 1291 · 18 U.S.C. § 3742
Standard of Review
Joint Appendix (4th Cir. R. 30)
Primary Record Focus
Lewis F. Powell, Jr. United States Courthouse (1100 East Main Street, Richmond, VA)
Overview of Criminal Appeals in the Fourth Circuit
Over the past decade, the Fourth Circuit has become one of the nation's most active and rigorous appellate courts in policing federal criminal procedure, Fourth Amendment search-and-seizure boundaries, the categorical approach to prior state convictions under ACCA and U.S.S.G. § 4B1.2 (including United States v. Campbell, 22 F.4th 438 (4th Cir. 2022)), mandatory individualized sentencing explanations (United States v. Blue, 872 F.3d 562 (4th Cir. 2017); United States v. Carter, 564 F.3d 325 (4th Cir. 2009)), and non-orally-pronounced conditions of supervised release (United States v. Rogers, 961 F.3d 291 (4th Cir. 2020)).
Primary Courthouse & Sittings: Lewis F. Powell, Jr. United States Courthouse (1100 East Main Street, Richmond, VA).
Originating Federal District Courts in the Fourth Circuit
The United States Court of Appeals for the Fourth Circuit exercises appellate jurisdiction over final criminal judgments, sentences, and post-conviction orders entered in the following 9 federal judicial districts (MD · NC · SC · VA · WV):
- District of Maryland (D. Md.)
- Eastern District of North Carolina (E.D.N.C.)
- Middle District of North Carolina (M.D.N.C.)
- Western District of North Carolina (W.D.N.C.)
- District of South Carolina (D.S.C.)
- Eastern District of Virginia (E.D. Va.)
- Western District of Virginia (W.D. Va.)
- Northern District of West Virginia (N.D. W. Va.)
- Southern District of West Virginia (S.D. W. Va.)
Major Federal Court Cities in the Fourth Circuit: Richmond · Alexandria · Norfolk · Baltimore · Greenbelt · Charlotte · Raleigh · Greensboro · Charleston (SC) · Columbia · Charleston (WV) · Wheeling.
Appealing a Federal Conviction or Sentence in the Fourth Circuit
The Fourth Circuit operates one of the fastest appellate dockets among the federal circuits. Once the Notice of Appeal is docketed, the Fourth Circuit Clerk's Office issues a strict schedule for transcript ordering and briefing, and counsel is appointed or enters an appearance rapidly. Because the Eastern District of Virginia and other Fourth Circuit districts move from indictment to trial and sentencing quickly, appellate counsel must immediately audit the entire record.
Fourth Circuit precedent is uniquely demanding on sentencing judges in two respects that regularly produce appellate vacaturs: (1) under Carter, Blue, and United States v. Webb, 965 F.3d 262 (4th Cir. 2020), a sentencing judge must address every non-frivolous mitigation argument raised by the defendant on the record—failure to do so is reversible procedural error; and (2) under United States v. Rogers, 961 F.3d 291 (4th Cir. 2020), and United States v. Singletary, 984 F.3d 341 (4th Cir. 2021), if a district judge includes discretionary conditions of supervised release in the written judgment that were not orally pronounced (or expressly incorporated) at the sentencing hearing, the Fourth Circuit vacates the ENTIRE sentence and remands for a full resentencing—even if the defendant signed an appellate waiver!
How Counsel Prepares the Joint Appendix and Brief in the Fourth Circuit
Under Fourth Circuit Local Rule 30, the appellant is responsible for preparing and filing a Joint Appendix containing the chronological table of contents, district court docket sheet, indictment, relevant pretrial motions and orders, trial/plea/sentencing transcript excerpts (with witness names and examination phases noted in the page headers per Local Rule 30(b)), judgment, and notice of appeal.
The Presentence Investigation Report and Statement of Reasons must be placed in a separate Sealed Volume of the Joint Appendix with a Certificate of Confidentiality under Fourth Circuit Local Rule 25(c).
Key Doctrinal & Procedural Considerations in the Fourth Circuit
Effective appellate advocacy in the Fourth Circuit requires aligning every issue in the opening and reply briefs with binding circuit precedent and local rules:
- United States v. Rogers / Singletary error: unpronounced discretionary supervised release conditions in the written judgment require vacatur of the entire sentence and bypass standard appeal waivers.
- United States v. Carter / Blue / Provance individualized sentencing explanation requirement: district courts must address every non-frivolous mitigation argument on the record.
- United States v. Campbell, 22 F.4th 438 (4th Cir. 2022), holding that attempt offenses do not qualify as 'controlled substance offenses' under the text of U.S.S.G. § 4B1.2.
- Extensive Fourth Circuit categorical-approach precedent invalidating state assault, robbery, burglary, and drug predicates under ACCA and § 4B1.1.
- Strict Joint Appendix header and pagination formatting rules under 4th Cir. R. 30(b).
Mistakes to Avoid in a Fourth Circuit Criminal Appeal
- Failing to compare the oral sentencing transcript word-for-word against the 'Standard' and 'Special' conditions of supervised release in the written Judgment for a Rogers / Singletary violation.
- Assuming a plea agreement's appeal waiver bars a Rogers oral-pronouncement claim; in Singletary, 984 F.3d at 345, the Fourth Circuit held that a Rogers claim falls outside a standard appellate waiver.
- Overlooking the district court's failure to address even one non-frivolous mitigation argument presented in the sentencing memorandum or hearing under United States v. Blue.
- Omitting witness names and examination type (e.g., 'John Doe – Cross') from the top of each transcript page in the Joint Appendix as required by 4th Cir. R. 30(b).
Frequently Asked Questions
What is a 'Rogers error' in a Fourth Circuit sentencing appeal?
Under United States v. Rogers, 961 F.3d 291 (4th Cir. 2020), and United States v. Singletary, 984 F.3d 341 (4th Cir. 2021), a district court must orally pronounce all non-mandatory ('standard' or 'special') conditions of supervised release at the sentencing hearing. If the written judgment includes discretionary conditions not orally pronounced at the hearing, the Fourth Circuit vacates the entire sentence and remands for a full resentencing—even if the defendant signed an appeal waiver.
Which nine federal districts appeal to the Fourth Circuit?
The Fourth Circuit hears appeals from: the District of Maryland; the Eastern, Middle, and Western Districts of North Carolina; the District of South Carolina; the Eastern and Western Districts of Virginia; and the Northern and Southern Districts of West Virginia.
What does the Fourth Circuit require a judge to explain at sentencing?
Under United States v. Carter, 564 F.3d 325 (4th Cir. 2009), and United States v. Blue, 872 F.3d 562 (4th Cir. 2017), the sentencing judge must provide an individualized assessment based on the particular facts of the defendant's case and must address on the record every non-frivolous argument the defendant makes for a lower sentence under 18 U.S.C. § 3553(a). Simply stating that the court 'considered the § 3553(a) factors' is reversible error.
Did the Fourth Circuit limit career-offender enhancements in United States v. Campbell?
Yes. In United States v. Campbell, 22 F.4th 438 (4th Cir. 2022), the Fourth Circuit held that under Kisor v. Wilkie, Sentencing Commission commentary could not expand the unambiguous definition of 'controlled substance offense' in U.S.S.G. § 4B1.2(b) to include attempt or conspiracy convictions.
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.