Federal Jurisdiction in Criminal Appeals—Appealable Orders in the Fifth Circuit

A survey of contemporary Fifth Circuit decisions involving its own jurisdiction in federal criminal appeals. The author categorizes these issues into those appeals pursued by a criminal defendant and the limited instances in which the United States may do so. The author concludes that these decisions reflect the Fifth Circuit’s peculiar sensitivity relative to issues of jurisdiction in criminal cases, and advises attorneys to heed the court’s stances on these issues before initiating the appeals process.