Federal Appeals and Post-Conviction Relief in South Carolina

Protect Your Rights After a Federal Conviction

If you have been convicted in federal court, the fight isn’t over.

You have the right to appeal your conviction or sentence, and in some cases, you may even be able to get the verdict overturned or the sentence reduced.

Federal criminal appeals and post-conviction relief are highly complex. Success requires an attorney who understands not only trial law but also federal appellate procedure, sentencing errors, constitutional violations, and how to challenge legal mistakes.

At the Law Offices of Nathan S. Williams, we represent individuals across South Carolina who are seeking federal appeals and post-conviction remedies.

As the former Criminal Chief at the U.S. Attorney’s Office for the District of South Carolina, Nathan Williams has handled federal appeals both as a prosecutor and now as a defense attorney and argued several cases successfully at the Fourth Circuit Court of Appeals — giving you the rare advantage of knowing both sides.

Call (843) 473-7000 today for a Free Confidential Consultation if you or a loved one needs help appealing a federal case.

What Is a Federal Criminal Appeal?

A federal criminal appeal is not a new trial.

It is a formal legal challenge, filed in the U.S. Court of Appeals for the Fourth Circuit, arguing that mistakes were made at the trial or sentencing level that require:

  • Reversal of the conviction

  • Vacating of the sentence

  • A new trial or resentencing

Appeals focus on legal errors, such as:

  • Improper jury instructions

  • Wrongful denial of defense motions

  • Illegal searches and seizures (Fourth Amendment violations)

  • Incorrect evidentiary rulings

  • Sentencing calculation errors

  • Prosecutorial misconduct

  • Insufficient evidence to convict

The appellate court will review the written record and legal briefs, and in some cases, may hear oral arguments.

Timing is critical:

In most federal cases, you have only 14 days from the entry of judgment to file a Notice of Appeal. Missing the deadline can permanently bar your right to appeal.

What Is Federal Post-Conviction Relief?

If direct appeal is denied or missed, you may still have options through post-conviction remedies, such as:

  • Motion under 28 U.S.C. § 2255 (Post Conviction Relief and Habeas Relief) — arguing that your conviction or sentence violates the Constitution or Ineffective Assistance of Counsel

  • Motion for Sentence Reduction under Compassionate Release Laws

  • Motion to Vacate Sentence based on new evidence or changes in law

Grounds for post-conviction relief include:

  • Ineffective assistance of trial counsel

  • Newly discovered evidence

  • Constitutional rights violations

  • Illegal sentencing practices

  • Prosecutorial misconduct

Post-conviction motions must be filed within one year of conviction becoming final, with some exceptions.

Federal Appeals Process

Federal Appeals follow a process similar to that used in South Carolina state courts; however, they have their own set of rules that must be closely followed.

  • Timelines

    Once a person is convicted of a federal offense in the District of South Carolina, they can appeal the decisions that led to their conviction. At sentencing, a defendant is usually advised, on the record, that they have the right to appeal their sentence and, by extension, their case. They are typically informed that they have 14 days to file a notice of appeal. A notice of appeal is a fairly straightforward document; however, it must be filed in the proper place and within the deadlines set out in Federal Rule of Appellate Procedure 4, which specifies a 14-day deadline. Once the notice is filed, the Court of Appeals will set deadlines for filing briefs. The entire State of South Carolina is within the Federal District of South Carolina, and the District of South Carolina is within the Fourth Circuit Court of Appeals, which is located in Richmond, Virginia.

  • Next Steps

    Once a notice of appeal is filed and the Court of Appeals issues filing deadlines, an appellate brief must be drafted and filed. Federal appeals are complex and have specific rules that must be followed. The brief should set forth the issues that the respective parties have identified in the case, thoroughly brief the law and facts related to these issues, and provide supporting documentation from the case record, which typically includes transcripts and exhibits from earlier hearings. Once a defendant files their brief, the Government, usually represented by the United States Attorney’s Office in the District of South Carolina, will file a response brief.

  • Once the briefs have been filed in a case, the Court of Appeals will consider them. It is common for the Fourth Circuit Court of Appeals to rule on an appeal without holding a hearing, relying solely on the briefs. Other times, especially when a case went to trial, the Fourth Circuit will conduct an oral argument, where the attorneys in the case argue to a panel of Fourth Circuit appellate judges. There are time limits on how long parties can argue, and the Judges can, and often do, ask questions of the attorneys. These oral arguments are typically heard at the U.S. Court of Appeals for the Fourth Circuit in Richmond, Virginia.

  • After the case is heard, the Court of Appeals will issue an opinion. This can be either published or unpublished, indicating whether the opinion will be published in a more formal court publication. If the Court of Appeals reverses the lower court, the case is often remanded or sent back to the lower court to begin again at the point where any mistakes were made. If the lower court's decision is affirmed or upheld, the case can be further appealed to the United States Supreme Court. The US Supreme Court, however, is highly selective about the cases it hears, and having a case selected is unusual. Should there be no review of the Court of Appeals, there are other post-conviction remedies available to a defendant, at least where there were issues with the performance of their attorney. These proceedings, called Post-Conviction Relief hearings under 28 U.S.C. § 2255, take place in the Federal District Court and generally occur after the appellate process is complete. For the most part, a 2255 hearing consists of arguments that a defendant’s attorney was ineffective. This site has a separate page discussing federal ineffective assistance of counsel claims under 28 U.S.C. 2255.

Why Federal Appeals Are Different from State Appeals

Federal appellate practice is far more specialized than state appeals. The rules are stricter, the deadlines are shorter, and the stakes are even higher.

Key differences:

  • The Fourth Circuit Court of Appeals, which covers South Carolina and is located in Richmond, VA, rarely grants oral argument unless the appeal is well-briefed and presents significant legal issues.

  • Appellate judges defer heavily to jury verdicts — unless a clear error of law or procedure is shown.

  • Success often requires identifying a narrow, persuasive legal issue, not just arguing that the case was unfair.

Simply put: You need an attorney who knows how to craft sophisticated legal arguments and navigate the unique complexities of federal appellate courts.

Nathan Williams' Experience with Federal Appeals

Attorney Nathan Williams brings unparalleled experience to federal appellate and post-conviction defense:

  • Former Criminal Chief, U.S. Attorney’s Office (South Carolina): Supervised federal criminal appeals and personally argued matters before the Fourth Circuit Court of Appeals.

  • Has argued both to the South Carolina Court of Appeals and the United States Fourth Circuit Court of Appeals. The following opinions are the result of those efforts:

  • Over 24 years of criminal law experience, including 14 years of federal trial and appellate practice.

  • Over 100 jury trials handled, meaning he can spot trial errors that appellate specialists sometimes miss.

  • Lead prosecutor in nationally reported trials, such as the Dylann Roof case, giving him unmatched insight into how federal convictions are defended and challenged.

  • Based in Charleston, handling appeals statewide for cases arising from Charleston, Columbia, Florence, Greenville, and other federal courts.

When you choose Nathan Williams, you get a lawyer who has argued in the Fourth Circuit and who knows how to build a winning appellate record.

Common Federal Cases We Handle on Appeal

We represent clients appealing convictions or seeking post-conviction relief for:

  • Federal drug trafficking and conspiracy convictions

  • Wire fraud, mail fraud, and money laundering

  • Federal firearms offenses (including 18 U.S.C. § 922(g) felon-in-possession charges)

  • Tax fraud and white-collar crime convictions

  • Immigration-related offenses

  • Child pornography and cybercrime cases

  • Racketeering (RICO) cases

  • Public corruption convictions

Every federal conviction deserves a thorough appellate review. Many convictions can be overturned or sentences reduced with the right appellate advocacy.

Schedule a Free Confidential Consultation Today

If you or your loved one is considering a federal appeal or post-conviction motion in South Carolina, timing is critical. You have a limited time to protect your rights.

Call (843) 473-7000 today or contact us online to schedule your Free Confidential Consultation.

Federal appellate and post-conviction law is complex — don’t trust your future to just any lawyer. Work with an attorney who has been on both sides of federal courtrooms — and who knows how to win.

No Other Firm Brings The Experience And Track Record Of Success To The Table.