APPEALS
If you appeal your case, there are very, very few attorneys who have successfully appealed a Federal criminal matter. The timing and procedures are much more complicated and different than state court. If you do not appeal, your chances of ever getting your case set aside are virtually nil. Additionally, less than 5% of cases that are appealed receive any type of relief. Thus, if you are depending on an appeal to win your case, your chances will be slim. If you have a good appellate case, is crucial that you hire an experienced Federal criminal lawyer to greatly improve your chances of relief.
After a direct appeal to the Fifth Circuit or another circuit, you may seek a "certiorari" petition before the Supreme Court if you are not satisfied with the outcome. However, the Supreme Court takes less than 100 cases a year out of more than 4,000 filed. Of these, only a small number are Federal criminal matters. Thus, the chances of getting your case to the Supreme Court are remote.
Another option for relief in a Federal criminal matter is a Motion to Vacate, Set Aside or Correct Sentence pursuant to 28 U.S.C. § 2255. This is a viable option where an inexperienced attorney leads a client down the wrong path. It requires thorough development of facts and an experienced Federal criminal attorney attacking another attorney's work product. It can be successful with the right lawyer. Again, winning through pretrial diversion, dismissal or acquittal are the ways to go – don’t count on post-conviction relief to get you where you want. Hire the right attorney now to prevent the conviction.