The assignment of cases on appeal, including direct referral cases, to attorneys in the Offices of United States Attorneys is determined pursuant to the provisions of JM Title 2, Appeals, this section, and JM 5-11.117. At the conclusion of trial court proceedings, the report to the Division of the decision, either adverse or favorable to the government, in a case handled by the United States Attorney should indicate his/her preference, if any, for handling of the appeal; if the report does not indicate a preference, the Division will handle the appeal. See JM Title 2, Appeals, 2-2.111, 2-2.000, 2-3.220; 5-11.117. In unusual circumstances, especially where time is of the essence (e.g., some applications for stays or injunctions pending appeal and for interlocutory appeals), arrangements for handling should be made by telephone or email with the Chief of the Appellate Section. See JM Title 2, Appeals.

Where a United States Attorney handles the appeal, a Section attorney is assigned for assistance and necessary Department coordination and review purposes. A draft brief must be provided to the Section reviewing attorney at least ten days prior to filing to allow adequate time for Department review and any necessary coordination with client and other interested agencies prior to filing. Drafts of other substantive filings (e.g., motions for injunction or stay pending appeal, motions for summary affirmance or reversal or other dispositive motions, or any responses thereto) should also be reviewed by the Appellate Section and a timeline to allow appropriate review within the Department, client agencies, and any other interested agencies should be discussed with the reviewing attorney as far in advance of the filing deadline as practicable.

[cited in JM 5-5.161; JM 5-5.162; JM 5-8.300]

[Updated May 2018]