When must the government file a permitted criminal notice of appeal?

Establish that the government is legally entitled to appeal.

Verify criminal docket entry of the appealed judgment or order.

Identify actual notice filing by any defendant.

For a Rule 4(c) defendant notice, establish district docketing under Rule 4(c)(3).

Compare the applicable events independently and enter the actual later date.

1. Establish the applicable later event independently.
2. Exclude the selected event day.
3. Count the applicable fourteen or thirty calendar days.
4. Check holidays, inaccessibility and actual relief.

Exclude the independently verified triggering day, count every calendar day and roll a final Saturday, Sunday or legal holiday to the next open day under Rule 26(a)(1). Rule 26(a)(6) includes the listed federal holidays, President or Congress declared holidays and, for forward periods, applicable state-declared holidays at the identified district court or circuit clerk’s principal office. The national preset does not infer extra state holidays, inaccessibility or a grant.

Exclude the independently verified triggering day, count every calendar day and roll a final Saturday, Sunday or legal holiday to the next open day under Rule 26(a)(1). Rule 26(a)(6) includes the listed federal holidays, President or Congress declared holidays and, for forward periods, applicable state-declared holidays at the identified district court or circuit clerk’s principal office. The national preset does not infer extra state holidays, inaccessibility or a grant.

File the notice with the district clerk under Rule 3(a)(1), not initially with the circuit clerk. Unless another applicable time controls, electronic district-court filing ends at midnight in the district court’s time zone under Rule 26(a)(4)(A). Other filing ordinarily requires receipt by scheduled clerk closing. Rule 4(c)(1) supplies a separate confined-inmate deposit method with its proof and prepaid-postage conditions. Confirm actual court channels and inaccessibility.

This calculator accepts one independently selected actual event. It does not compare docket events, classify motions, establish timeliness or determine appeal entitlement. Do not enter an earlier event merely because it is available.

Fictitious example

The government is independently established as entitled to appeal in a fictitious criminal case. July 6 is the actual later Rule 4(b)(1)(B) event. Exclude July 6 and count thirty days. August 5 is the assumed open final day. Assume no additional state holiday, inaccessibility, changed direction or granted extension.

Fictitious facts. Verify the later event, listed motions and special filing rules before supplying the date. This result does not establish appeal entitlement or accepted filing.

Government entitlement

Rule 4(b)(1)(B) applies when the government is entitled to appeal. This guide verifies timing, not the governing statutory permission or substantive restrictions.

Any defendant’s notice

The comparison includes notice filing by any defendant. The government must identify actual relevant filings, not assume only one named defendant matters.

Defendant’s inmate notice

Rule 4(c)(3) uses the later of judgment or order entry and district docketing of the defendant’s qualifying inmate notice. The inmate’s mail deposit date is not the government’s substituted starting date.

Criminal docket entry

Rule 4(b)(6) defines entry as entry in the criminal docket. An announcement, signature, receipt or civil separate-document date is not automatically that event.

Premature notice

Rule 4(b)(2) treats a notice filed after announcement of a decision, sentence or order but before entry as filed on and after the entry date. Establish those actual events.

Rule 35 correction

Under Rule 4(b)(5), a Rule 35(a) sentence-correction motion does not suspend appeal time. The listed Rule 4(b)(3) motions are different.

Actual extension

Rule 4(b)(4) permits relief on excusable neglect or good cause, before or after expiry, with or without motion and notice. Read the actual grant. Its thirty-day maximum is not an automatic extension.

Confined-inmate filing

Rule 4(c)(1) requires use of a designed legal-mail system when one exists. Timely deposit also requires the specified declaration, notarized statement or evidence and prepaid first-class postage, subject to the court’s stated discretion over later declaration filing.

Mistaken circuit filing

Rule 4(d) requires the appellate clerk to note receipt and send the notice to the district clerk. That noted receipt is treated as district filing. Do not assume mailing alone establishes it.

• This guide does not determine appealability, classify or establish timely post-verdict motions, read actual court orders or verify legal-mail proof.
• The national preset does not collect and compare all docket events or infer a granted extension.

• Establish that the government is legally entitled to appeal.
• Verify criminal docket entry of the appealed judgment or order.
• Identify actual notice filing by any defendant.
• For a Rule 4(c) defendant notice, establish district docketing under Rule 4(c)(3).
• Compare the applicable events independently and enter the actual later date.
• Prepare the notice’s required contents under Rule 3(c).
• File with the district clerk by the actual deadline and preserve filing proof.
• Furnish required copies and pay required fees under Rule 3(a)(1) and (e), subject to separately established relief.
• Rule 3(d) assigns notice-of-filing service to the district clerk. Do not substitute mailing to a party for district filing.