Law Firm Overview

I limit my practice to handling complex legal issues, primarily at the appellate level, in criminal cases. I have over 30 years' experience in criminal appellate litigation in the federal courts of appeals across the nation, as well as in the Supreme Court of the United States.

I have written briefs in more than 150 criminal cases in the federal courts of appeals and have argued 77 of those cases, including four en banc arguments before as many as 20 judges. I have argued before all twelve United States Courts of Appeals that handle criminal cases, and have experience from both the prosecutorial and defense sides of a case. During my time at the Department of Justice, I won 136 criminal cases on appeal and lost 13. I also drafted the government's brief in fourteen cases before the Supreme Court.  Moreover, before I went to the Department of Justice, I briefed a criminal case that the Supreme Court decided in the defendant's favor.

The skills required to handle purely legal issues at trial, on appeal, or in the Supreme Court are quite different from those involved in trying cases. I tried cases for five years, so I know from hands-on experience what a trial entails. Trials focus on the factual analysis of evidence and closing arguments to the jury. Appeals, by contrast, focus on legal issues in a trial, such as from pre-trial motions, whether certain evidence was properly admitted at trial, and whether the trial judge correctly instructed the jury. Briefing an appeal requires extensive knowledge of the trial record, both witness testimony and exhibits that were admitted into evidence; intensive legal research, even more thorough than is required at the trial court level; an understanding of the applicable standard of appellate review for each issue; and the experience and ability to determine what issues to raise on appeal.  Many criminal cases take over a year to resolve on appeal.  A lawyer who focuses on appellate practice should produce a higher quality brief than someone who does not handle many appeals. The quality of the appellate briefs and oral argument has a very significant impact on the outcome of the appeal.

I primarily brief and argue criminal cases on appeal in the federal courts of appeals, although I am also available to assist trial lawyers with motion practice in criminal cases at the trial level.  By assisting at the trial, an appellate lawyer can make sure that issues are properly preserved for appeal.  He can do this by raising additional issues and making additional arguments that a trial lawyer might otherwise overlook. In short, an appellate lawyer is often able to provide a different viewpoint on the legal aspects of a case.

My experience extends to virtually every kind of criminal case on appeal, from drug prosecutions to complex white collar fraud cases. In the course of this practice, I have not only done briefs on appeal, but I also have filed more unusual cases, including mandamus petitions.  In addition, I do work in the Supreme Court of the United States, including preparation of petitions for a writ of certiorari and briefs on the merits, again limited to criminal cases.

I welcome referrals from other lawyers.  I also accept appellate cases directly from defendants who have been convicted in the trial court and are seeking an attorney to help them appeal their cases to a higher court. By hiring me, you will get someone with a wealth of experience and a proven track record of success in highly complex criminal cases on appeal.

Areas of Practice

• Constitutional Law
• Criminal Law
• White Collar Crimes
• Securities Law

Representative Cases

• United States v. Scott, 270 F.3d 30 (1st Cir. 2001)
• United States v. McGuire, 5th Cir. (Enbanc) (99 F.3d 671 1996)

West Practice Categories

Constitutional Law, Criminal Law, White Collar Crimes, Securities Law