The United States Court of Appeals for the Ninth Circuit is the largest federal appellate circuit in the nation, exercising jurisdiction under 28 U.S.C. §§ 41 and 1291 over fifteen federal judicial districts across nine western states and two Pacific territories: the Central, Eastern, Northern, and Southern Districts of California; the District of Arizona; the District of Nevada; the Eastern and Western Districts of Washington; the District of Oregon; the District of Idaho; the District of Montana; the District of Alaska; the District of Hawaii; the District of Guam; and the District of the Northern Mariana Islands. Headquartered at the James R. Browning U.S. Courthouse in San Francisco, the Ninth Circuit also holds regular oral argument calendars in Pasadena, Seattle, Portland, Phoenix, Honolulu, and Anchorage.
Governing Authority
28 U.S.C. §§ 41, 1291 · 18 U.S.C. § 3742
Standard of Review
Excerpts of Record (9th Cir. R. 30-1)
Primary Record Focus
James R. Browning United States Courthouse (San Francisco, CA), Richard H. Chambers U.S. Courthouse (Pasadena, CA), William K. Nakamura U.S. Courthouse (Seattle, WA) & Pioneer Courthouse (Portland, OR)
Overview of Criminal Appeals in the Ninth Circuit
The Ninth Circuit possesses one of the deepest and most nuanced bodies of federal criminal appellate jurisprudence in the United States—spanning Fourth Amendment digital and border-search doctrine, Ninth Circuit Model Criminal Jury Instructions, clear-and-convincing proof requirements for severe disproportionate sentencing enhancements, Kisor challenges to Guidelines commentary (United States v. Castillo, 69 F.4th 648 (9th Cir. 2023)), and strict Rule 32 and § 3553(a) sentencing standards.
Primary Courthouse & Sittings: James R. Browning United States Courthouse (San Francisco, CA), Richard H. Chambers U.S. Courthouse (Pasadena, CA), William K. Nakamura U.S. Courthouse (Seattle, WA) & Pioneer Courthouse (Portland, OR).
Originating Federal District Courts in the Ninth Circuit
The United States Court of Appeals for the Ninth Circuit exercises appellate jurisdiction over final criminal judgments, sentences, and post-conviction orders entered in the following 15 federal judicial districts (AK · AZ · CA · GU · HI · ID · MT · NV · OR · WA · MP):
- District of Alaska (D. Alaska)
- District of Arizona (D. Ariz.)
- Central District of California (C.D. Cal.)
- Eastern District of California (E.D. Cal.)
- Northern District of California (N.D. Cal.)
- Southern District of California (S.D. Cal.)
- District of Guam (D. Guam)
- District of Hawaii (D. Haw.)
- District of Idaho (D. Idaho)
- District of Montana (D. Mont.)
- District of Nevada (D. Nev.)
- District of the Northern Mariana Islands (D. N. Mar. I.)
- District of Oregon (D. Or.)
- Eastern District of Washington (E.D. Wash.)
- Western District of Washington (W.D. Wash.)
Major Federal Court Cities in the Ninth Circuit: Los Angeles · San Francisco · San Diego · San Jose · Oakland · Sacramento · Fresno · Santa Ana · Riverside · Phoenix · Tucson · Las Vegas · Reno · Seattle · Tacoma · Spokane · Portland · Eugene · Boise · Billings · Missoula · Anchorage · Honolulu.
Convicted or Sentenced in California, Arizona, Nevada, or the West? Key Ninth Circuit Rules
Instead of a Joint Appendix, the Ninth Circuit uses an appellant-prepared 'Excerpts of Record' (`ER`) system governed by Ninth Circuit Rule 30-1. The appellant prepares consecutively paginated volumes of Excerpts of Record starting with Volume 1 (which contains ONLY the judgment, orders, findings, and rulings under review) followed by subsequent volumes in reverse chronological order, and cites the record throughout the brief as `[Volume]-ER-[Page]` (for example, `1-ER-12` or `2-ER-145`).
Substantively, Ninth Circuit criminal appeals offer powerful doctrinal tools unavailable in many other circuits—including United States v. Castillo, 69 F.4th 648 (9th Cir. 2023) (holding that U.S.S.G. § 4B1.2 commentary improperly includes conspiracies as 'controlled substance offenses'), rigorous scrutiny of prosecutorial vouching and dual-role agent testimony, and demanding standards for Rule 11(b)(1)(N) plea waiver colloquies.
How Counsel Prepares the Excerpts of Record (ER) and Brief in the Ninth Circuit
Under Ninth Circuit Rule 30-1.4 and 30-1.6, Volume 1 of the Excerpts of Record is limited strictly to the judgment, orders, and written or oral decisions being appealed (never exceeding 300 pages). Volume 2 and any additional volumes contain the notice of appeal, indictment, relevant trial/plea/sentencing transcripts, exhibits, and final docket sheet arranged in reverse chronological order, with continuous pagination across all volumes.
Under Ninth Circuit Rule 27-13, the Presentence Investigation Report and any sealed filings must be submitted in a separate Volume of Sealed Excerpts of Record (`SER`), accompanied by a Notice of Filing Under Seal.
Key Doctrinal & Procedural Considerations in the Ninth Circuit
Effective appellate advocacy in the Ninth Circuit requires aligning every issue in the opening and reply briefs with binding circuit precedent and local rules:
- Ninth Circuit Excerpts of Record (`[Vol]-ER-[Page]`) system under 9th Cir. R. 30-1 (Volume 1 restricted to orders/judgments under review; remaining volumes in reverse chronological order).
- United States v. Castillo, 69 F.4th 648 (9th Cir. 2023), holding that inchoate conspiracy offenses do not qualify as 'controlled substance offenses' under U.S.S.G. § 4B1.2.
- Ninth Circuit en banc and panel precedent on sentencing factfinding (including the recent en banc shift in United States v. Lucas, 101 F.4th 1158 (9th Cir. 2024) (en banc), and Ex Post Facto / due process preservation).
- Strict Ninth Circuit enforcement of Fed. R. Crim. P. 32(i)(3)(B), requiring explicit resolution of every disputed factual objection to the PSR.
- Detailed Ninth Circuit Rule 28-2.5 requirement to identify for every issue exactly where in the record the issue was objected to and preserved.
Mistakes to Avoid in a Ninth Circuit Criminal Appeal
- Placing transcripts or pleadings inside Volume 1 of the Excerpts of Record; under 9th Cir. R. 30-1.4(a), Volume 1 must contain ONLY the written or oral decisions, orders, and judgments under review.
- Arranging Volumes 2+ of the Excerpts of Record in chronological order instead of the reverse chronological order required by 9th Cir. R. 30-1.6.
- Omitting the mandatory 9th Cir. R. 28-2.5 preservation statement showing the exact ER page where each appellate issue was raised and ruled upon below.
- Overlooking a United States v. Castillo challenge when a drug conspiracy conviction was scored as a career-offender or § 2K2.1 predicate.
Frequently Asked Questions
Which 15 federal judicial districts are in the Ninth Circuit?
The Ninth Circuit covers 15 federal districts: the Central, Eastern, Northern, and Southern Districts of California; the District of Arizona; the District of Nevada; the Eastern and Western Districts of Washington; the District of Oregon; the District of Idaho; the District of Montana; the District of Alaska; the District of Hawaii; the District of Guam; and the District of the Northern Mariana Islands.
What are 'Excerpts of Record' (ER) in a Ninth Circuit appeal?
Under Ninth Circuit Rule 30-1, instead of a Joint Appendix, the appellant compiles and files consecutively paginated 'Excerpts of Record' (cited as `1-ER-15`, `2-ER-210`, etc.). Volume 1 contains only the judgment and challenged rulings, while subsequent volumes contain the relevant transcripts, motions, and docket sheet in reverse chronological order.
What did the Ninth Circuit decide in United States v. Castillo?
In United States v. Castillo, 69 F.4th 648 (9th Cir. 2023), the Ninth Circuit held under Kisor v. Wilkie that Application Note 1 to U.S.S.G. § 4B1.2 impermissibly expanded the unambiguous text of § 4B1.2(b) by adding inchoate conspiracy offenses to the definition of 'controlled substance offense.'
Where will my Ninth Circuit criminal appeal be argued?
The Ninth Circuit assigns oral arguments based on the originating district: appeals from Northern and Eastern California, Nevada, Arizona, Hawaii, Guam, and the Northern Mariana Islands are typically heard in San Francisco, Pasadena, Phoenix, or Honolulu; appeals from Central and Southern California are typically heard in Pasadena; and appeals from Washington, Oregon, Idaho, Montana, and Alaska are typically heard in Seattle, Portland, or Anchorage.
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.