JM 2-3.100
Except as otherwise provided by section 2-3.200 (appeals in civil tax and antitrust cases), the United States Attorney’s Office (USAO) is responsible for handling civil and criminal cases in the court of appeals where the USAO was lead counsel in the district court, unless the appropriate Assistant Attorney General determines otherwise. If there is a disagreement between a USAO and the appropriate AAG, the disagreement shall be resolved by the Solicitor General. Resort to the Office of the Solicitor General should be used sparingly.
[updated July 2018] [cited in JM 2-2.111]