The United States Court of Appeals for the Sixth Circuit sits at the Potter Stewart United States Courthouse in Cincinnati, Ohio, and hears federal criminal and post-conviction appeals from nine federal judicial districts across Kentucky, Michigan, Ohio, and Tennessee: the Eastern and Western Districts of Kentucky, the Eastern and Western Districts of Michigan, the Northern and Southern Districts of Ohio, and the Eastern, Middle, and Western Districts of Tennessee.
Governing Authority
28 U.S.C. §§ 41, 1291 · 18 U.S.C. § 3742
Standard of Review
Direct Electronic District Court Record Citations (`R. [Entry], PageID #[Page]`) & Designation of Relevant District Court Documents (6th Cir. R. 28 & 30)
Primary Record Focus
Potter Stewart United States Courthouse (100 East Fifth Street, Cincinnati, OH)
Overview of Criminal Appeals in the Sixth Circuit
The Sixth Circuit has long been a national leader in two critical areas of federal criminal appellate law: (1) enforcing the mandatory post-pronouncement sentencing objection procedure established in United States v. Bostic, 371 F.3d 865 (6th Cir. 2004); and (2) restricting Sentencing Commission commentary from expanding the text of the Guidelines in its landmark en banc decision in United States v. Havis, 927 F.3d 382 (6th Cir. 2019) (en banc) (holding that attempt crimes cannot be added to 'controlled substance offenses' under U.S.S.G. § 4B1.2 via commentary) and United States v. Riccardi, 989 F.3d 476 (6th Cir. 2021) (invalidating commentary's minimum-$500-per-access-device loss rule under § 2B1.1).
Primary Courthouse & Sittings: Potter Stewart United States Courthouse (100 East Fifth Street, Cincinnati, OH).
Originating Federal District Courts in the Sixth Circuit
The United States Court of Appeals for the Sixth Circuit exercises appellate jurisdiction over final criminal judgments, sentences, and post-conviction orders entered in the following 9 federal judicial districts (KY · MI · OH · TN):
- Eastern District of Kentucky (E.D. Ky.)
- Western District of Kentucky (W.D. Ky.)
- Eastern District of Michigan (E.D. Mich.)
- Western District of Michigan (W.D. Mich.)
- Northern District of Ohio (N.D. Ohio)
- Southern District of Ohio (S.D. Ohio)
- Eastern District of Tennessee (E.D. Tenn.)
- Middle District of Tennessee (M.D. Tenn.)
- Western District of Tennessee (W.D. Tenn.)
Major Federal Court Cities in the Sixth Circuit: Detroit · Cleveland · Columbus · Cincinnati · Toledo · Akron · Nashville · Memphis · Knoxville · Chattanooga · Louisville · Lexington · Grand Rapids.
Convicted or Sentenced in MI, OH, TN, or KY? Key Sixth Circuit Doctrines
In the Sixth Circuit, there is no paper Joint Appendix in standard counseled cases where the record is available on CM/ECF. Instead, under Sixth Circuit Rules 28(a) and 30(g), counsel cites directly to the district court's CM/ECF docket entry and exact `PageID #` (for example, `R. 84, Sentencing Tr., PageID # 612`), and appends a mandatory Designation of Relevant District Court Documents at the end of the brief.
On the substantive side, every Sixth Circuit sentencing transcript must be audited for the 'Bostic question.' Under United States v. Bostic, 371 F.3d 865, 872–73 (6th Cir. 2004), after pronouncing the defendant's sentence, the district judge MUST ask the parties whether they have any objections to the sentence just pronounced that have not previously been raised. If the district judge fails to ask the proper Bostic question—for instance, by asking only 'Anything else?'—the defendant's failure to raise a procedural objection after pronouncement is excused, and the Sixth Circuit reviews procedural sentencing errors under the favorable abuse-of-discretion/de novo standard rather than plain error!
How Counsel Prepares PageID Citations and the Record Designation in the Sixth Circuit
Under Sixth Circuit Rule 28(a)(1), every record reference in an appellate brief must state the title of the document, its district court docket entry number (`R. __`), and the exact `PageID #` generated by the district court's CM/ECF header.
At the conclusion of the brief, Sixth Circuit Rule 30(g)(1) requires a mandatory addendum titled 'Designation of Relevant District Court Documents,' listing the description, docket entry number, and PageID range of every record filing relied upon.
Key Doctrinal & Procedural Considerations in the Sixth Circuit
Effective appellate advocacy in the Sixth Circuit requires aligning every issue in the opening and reply briefs with binding circuit precedent and local rules:
- The Sixth Circuit 'Bostic question' rule (United States v. Bostic, 371 F.3d 865 (6th Cir. 2004)): if the judge fails to ask specifically for new objections after pronouncing sentence, unobjected procedural sentencing errors are not subject to plain-error review.
- Landmark Sixth Circuit Kisor precedent invalidating Guidelines commentary expansions in United States v. Havis (en banc) and United States v. Riccardi.
- Mandatory `R. [Entry], PageID #` citation format and Designation of Relevant District Court Documents under 6th Cir. R. 28(a) and 30(g).
- Rigorous Fourth Amendment suppression and Franks v. Delaware jurisprudence across the nine districts.
- Strict Sixth Amendment ineffective-assistance and evidentiary-hearing standards under 28 U.S.C. § 2255(b) (e.g., Pola v. United States, 778 F.3d 525 (6th Cir. 2015)).
Mistakes to Avoid in a Sixth Circuit Criminal Appeal
- Conceding plain-error review on a procedural sentencing claim without checking whether the district judge asked the exact Bostic question ('any objections not previously raised?') at the close of sentencing.
- Failing to use `PageID #` citations or omitting the mandatory Designation of Relevant District Court Documents under 6th Cir. R. 28(a) and 30(g).
- Overlooking a Havis or Riccardi challenge when the district court relied on Sentencing Guidelines Application Notes to inflate the offense level or career-offender status.
- Accepting summary dismissal of a § 2255 motion without an evidentiary hearing when the prisoner submitted a sworn factual declaration; under Pola v. United States, the Sixth Circuit describes the burden to obtain a § 2255 hearing as 'relatively light.'
Frequently Asked Questions
What is the 'Bostic question' in a Sixth Circuit sentencing appeal?
Under United States v. Bostic, 371 F.3d 865 (6th Cir. 2004), after pronouncing sentence, a district court in the Sixth Circuit must ask the parties whether they have any objections to the sentence just pronounced that have not previously been raised. If the judge fails to ask that specific question (for example, by asking only 'Anything further?'), the defendant is not penalized by plain-error review for failing to object to procedural errors made during the pronouncement.
Which nine federal districts are in the Sixth Circuit?
The Sixth Circuit covers the Eastern and Western Districts of Kentucky, the Eastern and Western Districts of Michigan, the Northern and Southern Districts of Ohio, and the Eastern, Middle, and Western Districts of Tennessee.
What did the Sixth Circuit hold in United States v. Havis and United States v. Riccardi?
In Havis (2019) (en banc), the Sixth Circuit held that the Sentencing Commission cannot use commentary to add attempt crimes to the definition of 'controlled substance offense' in U.S.S.G. § 4B1.2. In Riccardi (2021), the Sixth Circuit applied Kisor v. Wilkie to strike down commentary in U.S.S.G. § 2B1.1 that imposed an automatic $500 minimum loss per gift card or access device without proof of actual loss.
How are record documents cited in a Sixth Circuit brief?
Instead of filing a paper Joint Appendix, Sixth Circuit Rules 28(a) and 30(g) require counsel to cite directly to the district court CM/ECF record by document title, docket entry number (`R. __`), and `PageID #`, and to attach a Designation of Relevant District Court Documents to the brief.
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.