San Antonio Federal Criminal Defense Attorney: Western District of Texas

San Antonio Federal Criminal Defense Attorney: Western District of Texas

When FBI agents knock on you’re door or a target letter arrives in the mail, your life changes in ways most people can’t imagine. Your not facing Texas state court anymore—this is federal prosecution, and the stakes are completly different. The U.S. District Court for the Western District of Texas, San Antonio Division, has a conviction rate of 97.8% as of 2024. That number should scare you, because it means federal prosecutors don’t bring charges untill they beleive they have an airtight case.

The first 72 hours after federal contact determines weather you spend the next decade in federal prison or negociate a outcome that preserves your future. This isn’t the time to try and explain yourself to investigators—its the time to understand what your facing and make decisions that might save your life.

Why Your Case Is Federal Instead of State: The Dollar Thresholds and Geographic Triggers

Most people who recieve federal charges ask the same question: why is this federal instead of state court? The answer comes down to prosecutorial economics and jurisdictional triggers that most defendants don’t understand untill its to late.

Dollar thresholds matter more then anything else in fraud cases. Wire fraud under $50,000 usually gets declined by federal prosecutors and refered to state authorities. Wire fraud between $50,000 and $200,000 might go federal if aggravating factors exists—multiple victims, elderly targets, or sophisticated means like cryptocurrency. Wire fraud over $200,000 almost always becomes a federal case.

But here’s what most people miss: if you defrauded 10 or more victims of $10,000 each, thats $100,000 aggregate, and federal prosecutors will take it based on the victim count alone.

In San Antonio, geography creates unique prosecution patterns that don’t exist in other Texas cities. The I-35 corridor runs directly through San Antonio, making it one of the busiest drug trafficking routes in America. This means drug quantities that might stay in state court elsewhere become federal conspiracy charges here. Possesion of 50+ grams of methamphetamine on or near I-35? Thats almost always federal. Cocaine over 500 grams? Federal. Any amount of fentanyl with distribution evidence? Definately federal.

The proximity to this trafficking corridor means prosecutors presume your involved in interstate commerce, which triggers federal jurisdiction.

The military and VA presence in San Antonio creates another jurisdictional trigger most people don’t see coming. Joint Base San Antonio is one of the largest military instalations in the country. If you’re crime involves military members, military property, VA benefits, or occured on federal property, its going to be prosecuted federally irregardless of how minor it seems. Healthcare fraud involving VA claims, identity theft of military personel, theft of military equiptment—these all become federal cases because of San Antonio’s unique military presence.

Border proximity matters even though San Antonio is 150 miles from Mexico.

Federal prosecutors in the Western District of Texas treat San Antonio as part of the “border district” for sentencing purposes. Drug cases recieve border proximity enhancements. Immigration offenses, even if your arrested in Bexar County and never went to the actual border, get charged federally. Human smuggling cases where San Antonio is the destination still go through San Antonio Division federal court.

Public corruption cases have zero dollar threshold. If your a police officer who accepted a $5,000 bribe, thats federal. If your a city official who steered a $50,000 contract to a freind, federal prosecutors will take it. County employees embezzling $20,000 from there department? Federal. These cases get prosecutorial priority because they’re politically valuable and career-building for Assistant U.S. Attorneys.

Here’s the blunt reality: if federal agents are investigating you, it means they’ve already decided your case meets there criteria. The FBI, DEA, IRS Criminal Investigation—these agencies don’t investigate small cases. A federal investigation with surveillance, wiretaps, and undercover operations costs $500,000 to $2 million. They don’t spend this unless their confident of conviction. By the time they approach you, they usually have 80% of the evidence they need.

Your not being investigated to see if your guilty—your being given a chance to cooperate before indictment.

The Western District of Texas San Antonio Division: Geography, Judges, and Local Reality

Not all federal courts is created equal, and understanding the specifics of were your case will be prosecuted matters more then most defendants realize.

The San Antonio Division of the Western District of Texas covers 13 counties: Atascosa, Bandera, Bexar, Comal, Dimmit, Frio, Gonzales, Guadalupe, Karnes, Kendall, Kerr, Medina, Real, and Wilson. If your crime occured in any of these countys, you’ll be prosecuted at the John H. Wood Jr. Federal Courthouse located at 655 East César E. Chávez Boulevard in downtown San Antonio.

This isn’t just a administrative detail—the division you’re in determines which judges hear your case, which Assistant U.S. Attorneys prosecute it, and ultimately effects your sentencing outcome.

As of 2025, the U.S. Attorney for the Western District of Texas is Justin R. Simmons. His office’s prosecution priorities includes fentanyl trafficking (up 15% from 2023), healthcare fraud involving military and VA benefits, and continued PPP loan fraud cases from 2020-2021. Yes, if you recieved a PPP loan during COVID and there was any irregularities, you could get a target letter in 2025—four years later. The statute of limitations for wire fraud is five years, which means these prosecutions will continue into 2026.

The judges in San Antonio Division includes Chief Judge Orlando L. Garcia, along with District Judges David Ezra, Xavier Rodriguez, Philip R. Martinez, Jason Pulliam, Alia Moses, Ezra Johnson, and George Gale.

Here’s what defense attorneys know but don’t advertise: sentencing variance by judge is massive. Some judges in this division sentences below the sentencing guidelines 40% of the time. Others only grant downward variances 10% of the time. Same crime, same defendant characteristics, completly different outcome based purely on which judge is randomly assigned to you’re case.

Look, I’m not saying judge shopping is possible—its not, assignments are random. But understanding your assigned judge’s sentencing history, weather they was a former prosecutor or defense attorney, and there tendencies on suppression motions and cooperation departures can inform your entire defense strategy. Some judges are harsh on drug cases but lenient on white collar crime. Some judges grant more compassionate release motions then others. This insider knowledge changes how experienced federal defense attorneys approach your case.

The data from 2024 shows the Western District of Texas filed 4,127 federal criminal cases. The conviction rate was 97.8%, slightly above the national average. But here’s the nuance: 18.7% of convictions resulted in probation only—no prison time. The average sentence in San Antonio Division was 41 months, which is below the national average of 47 months.

What does this tell you? That outcomes vary dramatically, and the math isn’t as simple as “federal charge = prison.”

The Federal Public Defender Office for the Western District of Texas is located at 727 East Durango Blvd., Suite B-406, San Antonio, TX 78206. There phone number is (210) 472-6700. If you can’t afford a private federal defense attorney (which typically costs $50,000 to $150,000+), you may qualify for court-appointed representation. The public defenders in this office is experienced federal litigators—don’t dismiss them based on the stereotype of overworked public defenders. Federal public defenders often has more trial experiance then private attorneys because they handle the cases that actually go to trial.

The Western District of Texas operates under local rules that differs from other federal districts. Some procedural customs in San Antonio Division: many judges still require in-person hearings for sentencing and suppression motions, although Zoom has become more common post-COVID. The magistrate judges who handles detention hearings within 3 days of arrest has significant discretion, and some is more favorable to defendants then others on bond determinations.

These local variations—which only attorneys who regularly practices in this specific courthouse understands—can effect weather you spend the next 8-14 months in jail awaiting trial or at home with your family.

First 72 Hours Protocol: What to Do Right Now If Federal Agents Contact You

The decisions you makes in the first 72 hours after federal contact will determine 80% of your case outcome. This isn’t a exageration. Here’s exactly what to do in each scenario.

Scenario A: FBI or Federal Agents Knock on Your Door

They’ll say they want to “talk” or “clear some things up” or “get your side of the story.” They might imply that cooperation now will help you later.

Do not believe this.

Here’s what you say, word for word:

“I invoke my Fifth Amendment right to remain silent. I want to speak with an attorney before answering any questions.”

Then you stop talking. Don’t explain why you need an attorney. Don’t say “I have nothing to hide.” Don’t try to provide context. Anything—and I mean anything—you say to federal agents can and will be used against you. Even statements you think are exculpatory (helping your defense) gets twisted by prosecutors.

The statistic is brutal: 90% of defendants who talk to federal agents without an attorney present says something that becomes evidence against them.

Do not consent to a search. If agents ask to look at you’re phone, computer, car, or house, you say: “I do not consent to a search.” If they have a warrant, they’ll execute it irregardless of your consent. But if they’re asking for consent, it means they don’t have a warrant, and anything you voluntarily provide waives your Fourth Amendment rights. Courts have ruled that consent searches cannot be challenged later, even if they finds incriminating evidence.

Do not lie to federal agents. This is critical. Lying to federal investigators is a seperate federal crime under 18 USC Section 1001, which carries a five-year sentence. Even if your lying about something that seems unrelated to the investigation, if they can prove you knowingly made a false statement, thats an additional charge.

The Martha Stewart prosecution is the famous example—she wasn’t convicted of insider trading; she was convicted of lying to investigators.

After you invoke your rights and the agents leave, immediately: (1) Write down everything you remember about the encounter, including questions they asked (this reveals what they’re investigating). (2) Do not discuss the visit with anyone except an attorney—no friends, family, or coworkers. Federal investigations often includes cooperating witnesses who are recording conversations. (3) Contact a federal defense attorney who practices in the Western District of Texas. Not a state criminal lawyer—you need someone admitted to federal court who understands this specific jurisdiction.

Scenario B: You Recieve a Target Letter

A target letter is a formal notification from the U.S. Attorney’s Office informing you that your the target of a federal grand jury investigation. This means indictment is coming in 30 to 90 days unless something changes. Target letters typically gives you 14 to 30 days to respond.

Your options: ignore it (bad idea), or have an attorney contact the Assistant U.S. Attorney immediantly to explore cooperation or negotiation.

Here’s what most people don’t understand—this is you’re highest-leverage moment. Before indictment, you have things to trade: information, cooperation, early guilty plea. After indictment, most of that leverage evaporates because other defendants have already cooperated, and the government has committed to there charging decision.

A proactive attorney response to a target letter sometimes results in: (1) Reduced charges or charge negotiation. (2) Self-surrender arrangement instead of arrest (you turn yourself in at a scheduled time instead of being arrested at your house in front of neighbors). (3) Cooperation agreement that reduces you’re exposure. (4) In rare cases, no charges filed at all if the attorney persuades the AUSA that evidence is insufficient or that prosecution isn’t in the interest of justice.

The proffer session—sometimes called “queen for a day”—is when you and you’re attorney meets with federal prosecutors and investigators to tell them everything you know. The agreement is that you’re statements can’t be used directly against you in the government’s case-in-chief, but if you lie, the immunity disappears. And if you later testify at trial inconsistent with your proffer, they can use you’re proffer statements to impeach you.

Proffer sessions is high-risk: your admitting conduct and implicating yourself, with no guarantee that the government will find you’re cooperation valuable enough to offer a substantial assistance motion later.

Scenario C: You’re Arrested by Federal Agents

If your arrested, you’ll be taken to a magistrate judge for arraignment within 24 to 48 hours. At arraignment, charges are read, you enter a plea (almost always not guilty at this stage), and the judge addresses detention.

The detention hearing—which must occur within 3 days of arrest—determines weather you stay in jail or get released on bond while you’re case is pending. This decision is huge.

Cases takes 8 to 14 months from indictment to trial in the Western District of Texas. If your detained, you’re sitting in the Bexar County Jail or a federal detention facility for over a year before trial. Defendants who is detained accepts worse plea offers because they want out. Defendants who is released on bond has leverage to negotiate and prepares a better defense.

Detention factors: (1) Flight risk—do you have ties to the community, family, employment, stable housing? (2) Danger to the community—is your offense violent, did it involve weapons or threats? (3) Criminal history—prior convictions, probation violations, or failures to appear makes detention more likely. (4) Nature of charges—drug trafficking with violence, child exploitation, and terrorism-related charges often results in detention regardless of other factors.

You’re attorney can propose bond conditions: GPS monitoring, house arrest, surrender of passport, third-party custodian, drug testing, no-contact orders. Sometimes these conditions persuades the judge to grant release when they otherwise wouldn’t.

Documents to gather immediantly after arrest or target letter: financial records showing income and expenses, communications (emails, texts, letters) related to the conduct, timeline of events in you’re own words, list of potential witnesses who can testifies to your character or provides exculpatory information, and any documentation that contradicts the government’s theory of the case. Time matters—evidence disappears, memories fades, and witnesses becomes unavailable.

The faster you and your attorney starts building you’re defense, the better you’re outcome.

The Sentencing Guidelines Reality: How Federal Prison Time Is Actually Calculated

If your convicted—whether by guilty plea or trial—sentencing happens 3 to 4 months later. Federal sentencing isn’t arbitrary; its calculated using the United States Sentencing Guidelines, a complex mathematical formula that determines you’re prison time. Understanding this formula is essential because every decision you makes (plea vs. trial, cooperation, acceptance of responsibility) effects these calculations.

Here’s how it works, broken down so you can see the math that could determine the next decade of you’re life.

Step 1: Base Offense Level

Every federal crime has a base offense level ranging from 4 to 43. Drug trafficking might start at level 26. Wire fraud starts at level 6. Child pornography starts at level 22. This is you’re starting point.

Step 2: Add Enhancements (This Is Where Sentences Explode)

Enhancements increases your offense level based on aggravating factors:

• Drug weight: Each increase in quantity adds +2 to +12 levels
• Loss amount in fraud cases: $50,000 to $100,000 adds +8 levels; $250,000 to $550,000 adds +14 levels; over $1 million adds +16 to +30 levels
• Use of a weapon: +4 levels
• Leadership role: +4 levels if your the organizer
• Obstruction of justice: +2 levels if you lied to investigators or destroyed evidence
• Vulnerable victim: +2 levels if victim was over 65 or unusually vulnerable
• Abuse of trust: +2 levels if you held a position of trust (accountant, attorney, caretaker)

Real example: Wire fraud base level 6 + loss amount of $250,000 adds +14 levels = offense level 20. If you used sophisticated means (cryptocurrency, encrypted communications), add +2 more = level 22. If you had a leadership role, add +4 = level 26.

Suddenly your looking at a completly different sentence then you expected.

Step 3: Subtract Reductions (This Is Where Defense Attorneys Fight)

Mitigating factors reduces your offense level:

• Acceptance of responsibility: -3 levels if you plead guilty and demonstrates genuine remorse. This is huge—a 3-level reduction typically equals a 20% to 25% sentence reduction. But you only gets this if you plead guilty; going to trial waives acceptance of responsibility.
• Minor or minimal role: -2 to -4 levels if you was a low-level participant in a conspiracy
• Safety valve (drug cases only): If its you’re first offense, you didn’t use violence, and you cooperate with investigators, you may qualify for safety valve, which avoids mandatory minimums

Step 4: Criminal History Category (I through VI)

You’re prior convictions determines your criminal history category. Category I is no prior record or minor offenses. Category VI is extensive criminal history. This dramatically effects you’re sentence—same offense level with Category I vs. Category VI can doubles the sentence.

Step 5: The Sentencing Table

The offense level (after enhancements and reductions) and criminal history category intersects on the federal sentencing table, giving you a guideline range in months. For example: Offense level 20, Criminal History Category I = 33 to 41 months. Offense level 29, Category I = 87 to 108 months.

Every 3 levels equals roughly a 25% to 30% change in sentence.

Let me show you how this plays out with real scenarios:

Drug Trafficking Example: Base level 26 (methamphetamine distribution) + weight enhancement for 500 grams adds +6 levels = level 32. Subtract acceptance of responsibility -3 = level 29. Criminal History Category I. Guideline range: 87 to 108 months (7 to 9 years). But if the defendant cooperates and the government files a 5K1.1 substantial assistance motion, the sentence could goes below the guidelines to 50 or 60 months—cutting the sentence nearly in half.

Wire Fraud Example: Base level 6 + loss amount of $250,000 adds +14 = level 20. Subtract acceptance of responsibility -3 = level 17. Category I. Guideline range: 24 to 30 months. But if the defendant had a prior fraud conviction, thats Category II or III, increasing the range to 30-37 months or 33-41 months.

Here’s were things gets complicated and were experienced attorneys earns there fee: the loss amount in fraud cases is negotiable. The government calculates “intended loss,” not just actual loss. If you attempted to defraud someone of $500,000 but only succeded in taking $100,000, the guidelines uses the $500,000 figure. Defense attorneys fights this calculation because every $100,000 change in loss amount can effect the offense level by 2 levels, which translates to months or years of prison time.

“Relevant conduct” is another battlefield. The guidelines says you’re sentence should accounts for all conduct that was part of the same course of conduct or common scheme, even if you wasn’t charged with it. This means uncharged behavior—conduct the government knows about but didn’t indict you for—still counts toward you’re sentence.

If your charged with one drug deal but investigators knows about 10 other deals, all 10 deals gets factored into you’re drug weight calculation.

Mandatory Minimums: The Floor You Can’t Go Below

Certain federal crimes has mandatory minimum sentences that the judge cannot go below unless specific exceptions applies:

• Drug trafficking: 5 years for certain quantities, 10 years for larger amounts, 20 years for massive amounts
• Firearms: 5 years for felon in possession of a firearm, 7 years if firearm was connected to drug trafficking
• Child exploitation: 5, 15, or 25 years depending on the specific offense

The only ways around mandatory minimums is: (1) Safety valve for drug offenses (first-time nonviolent offenders who cooperates). (2) Substantial assistance departure—if you cooperates and the government files a 5K1.1 motion, the judge can sentence below the mandatory minimum. This is why cooperation is such a big deal; its often the only way to avoid a 10-year mandatory sentence.

Judge Discretion: Variances and Departures

Judges isn’t required to sentence within the guidelines range. After the Supreme Court’s United States v. Booker decision, guidelines is advisory, not mandatory. Judges can “vary” from the guidelines based on 18 USC Section 3553(a) factors: nature and circumstances of the offense, history and characteristics of the defendant, need for the sentence to reflects the seriousness of the offense, need to provides just punishment, and need to avoids unwarranted sentencing disparities.

In San Antonio Division, some judges varys below the guidelines 40% of the time. Others almost never does.

If your assigned to a judge who regularly grants variances, your attorney will argues for a below-guidelines sentence based on: extraordinary family circumstances (your the sole caretaker for a disabled child), extraordinary rehabilitation (you’ve completed treatment and made amends), medical conditions, age, or disproportionate impact compared to codefendants.

The reality—and this is something most people facing federal charges don’t understand untill its too late—is that sentencing is were the most important negotiation happens. Plea agreements doesn’t just cover which charges you plead guilty to; they includes stipulated facts that effects guideline calculations. An experienced federal defense attorney negotiates the loss amount, the role enhancement, weather obstruction applies, and weather the government will supports or opposes departures.

These negotiations determines weather you serves 2 years or 8 years, probation or prison.

The Cooperation Economy and the Plea vs. Trial Decision

Federal criminal justice operates on cooperation. The entire system is designed to incentivizes defendants to provides information about other criminals in exchange for reduced sentences. Understanding how this cooperation economy works—and when cooperation makes sense for you—is one of the most important strategic decisions you’ll face.

What “Substantial Assistance” Actually Means

Substantial assistance isn’t just telling prosecutors what you knows. Its providing information that leads to the investigation or prosecution of other individuals. The more valuable you’re information, the more substantial you’re assistance. Cooperation that results in the prosecution of high-level targets is worth more then information about low-level players. Cooperation that provides new leads is worth more then information the government already has.

If you cooperates, the government files a motion under USSG Section 5K1.1 or Federal Rule of Criminal Procedure 35(b), asking the judge to depart below the guideline range or even below mandatory minimums. The amount of reduction depends on: the significance and usefulness of your cooperation, the truthfulness and completeness of your information, the nature of your assistance (providing documents, wearing a wire, testifying at trial), and the timeliness of your cooperation (earlier is better).

Real talk: cooperation can cut your sentence by 50% or more. A defendant facing 10 years who cooperates might gets 4 or 5 years. A defendant facing a 20-year mandatory minimum might gets 8 years if his cooperation is substantial. This is why cooperation is such a big deal—its often the only way to avoid a life-destroying sentence.

Who Gets Offered Cooperation

Not everyone is offered cooperation, and not all cooperation is equally valuable. Federal prosecutors offers cooperation deals to defendants who: (1) Have information about others who is more culpable. (2) Are low-level participants in a conspiracy (small fish who can catch big fish). (3) Have documentary evidence, recordings, or firsthand knowledge. (4) Are willing to testify at trial if necessary.

Who doesn’t get offered cooperation: (1) Leaders or organizers of criminal activity (your the big fish). (2) Defendants whose information the government already has from other cooperators. (3) Defendants who waits until after indictment when leverage is gone. (4) Defendants whose credibility is destroyed by there own conduct.

Here’s the brutal truth: by the time your indicted, the most valuable cooperation slots is often filled. Federal investigations typically flips lower-level defendants first, building up to the leaders. If your the last person indicted in a conspiracy, chances are good that multiple codefendants has already cooperated and provided information about you.

At that point, you has little left to trade.

This is why pre-indictment cooperation—responding proactively to a target letter with an attorney who immediantly contacts the AUSA—has maximum value. Before charges is filed, you still has leverage. After indictment, that leverage evaporates.

The Risks of Cooperation

Cooperation isn’t free. Here’s what your signing up for:

• Your pleading guilty. Cooperation isn’t immunity; your still convicted, just with a reduced sentence.
• If you lies or provides incomplete information, you loses the cooperation agreement, and everything you said can be used against you.
• You might has to testify against former friends, family members, or associates.
• Your a known cooperator in federal prison, which creates safety concerns.
• If the government decides you’re cooperation wasn’t substantial, you gets nothing—you already plead guilty and provided information, but the government don’t files the 5K1.1 motion.

Defense attorneys has to evaluates weather cooperation makes sense based off your specific situation. If your the primary target with the most culpable conduct, cooperation probably isn’t a option. If your information would implicates you in additional uncharged crimes, cooperation could makes things worse. If your facing a guideline range of 18 to 24 months, cooperation might not be worth the risks and stigma.

But if your facing 10 to 20 years, cooperation might be you’re only realistic path to a sentence that doesn’t destroys you’re entire life.

The Plea vs. Trial Math

Here’s the statistics: 94.3% of federal defendants pleads guilty. Only 5.7% goes to trial. Of those who goes to trial, 68% is convicted. That means the acquittal rate for defendants who goes to trial is 32%.

Why do so few defendants goes to trial? Because the “trial penalty” is real. If you goes to trial and loses, you forfeits acceptance of responsibility (-3 levels = 20-25% sentence reduction). Judges often imposes sentences at the higher end of the guidelines range for defendants who was convicted at trial compared to those who plead guilty. Some judges adds an obstruction enhancement if they believes you lied on the stand.

The result: sentences after trial conviction averages 30% higher then sentences for guilty pleas for the same offense.

But here’s the nuance: if the government’s case is weak, going to trial might be you’re best option. A 32% chance of acquittal is better odds then a plea agreement that still sends you to prison for 5 years. If the government’s evidence depends on a cooperating witness whose credibility is destroyed, or if key evidence was obtained through a questionable search, trial might be the right strategy.

Trials also creates negotiation leverage. If the government knows your serious about going to trial and they has weaknesses in there case, they might offers a better plea agreement. But this is a high-risk strategy—if you bluffs about trial and the government calls you’re bluff, your going to trial with all the associated risks.

The plea deadline is typically 2 to 4 weeks before trial. After the deadline, the government withdraws there offer, and you either goes to trial or pleads guilty with no agreement (a “naked plea” where your at the mercy of the court with no negotiated terms). This creates inmense pressure to decide quickly.

Your attorney should be evaluating: strength of the government’s evidence (do they has wiretaps, cooperating witnesses, documents, or is there case circumstantial?), likelihood of suppression motions succeeding (was evidence obtained legally?), your judge’s trial record (do they grants acquittals or directed verdicts?), and the gap between the plea offer and the likely sentence after trial conviction.

If the plea offer is 5 years and the trial conviction range is 8 to 10 years, the risk might not be worth a 32% shot at acquittal. But if the plea offer is 8 years and the trial range is also 8 to 10 years, you has nothing to lose by going to trial.

Post-Sentencing Options and Federal Prison Reality

After sentencing, you’re options is limited but they exists. Understanding what happens after conviction—appeals, sentence reductions, and the reality of federal prison—helps you makes informed decisions throughout you’re case.

Federal Prison Operates Different Then State Prison

There’s no parole in the federal system. If your sentenced to 120 months (10 years), your serving a minimum of 85% of that time with good conduct credits. Good time credits gives you 54 days off per year served, which equals about 15% reduction. So a 10-year sentence means serving 8.5 years. The Bureau of Prisons calculates you’re release date at sentencing, and short of a successful appeal or sentence reduction motion, thats when your getting out.

Federal prisons has five security levels: minimum (camps), low, medium, high, and administrative. Most nonviolent first-time offenders is designated to camps or low-security facilities. Factors that effects you’re designation: severity of offense, criminal history, sentence length, and whether violence was involved. Your attorney can advocate for the Bureau of Prisons to designates you to a specific facility closer to you’re family, although BOP has final discretion.

Halfway house placement occurs in the last 6 months of you’re sentence (or up to 12 months if authorized by BOP). Halfway houses allows you to transitions back to society while still under supervision—you can works, attends school, and spends time with family.

Direct Appeals

You has 14 days from sentencing to file a notice of appeal. Appeals goes to the U.S. Court of Appeals for the Fifth Circuit. You can appeal legal errors: improper admission of evidence, incorrect guideline calculations, constitutional violations (Fourth Amendment search issues, Fifth Amendment right to remain silent), or sentences that is substantively unreasonable.

Success rate for federal criminal appeals is about 10% to 15%. Most appeals is denied because the standard of review is difficult—appellate courts defers to the trial judge on factual findings and discretionary decisions. Appeals takes 1 to 2 years, and your serving you’re sentence while the appeal is pending (unless the judge grants a stay of sentence, which is rare).

When to appeal: if there was clear legal error (judge applied the wrong guideline calculation, improperly admitted evidence, made a constitutional error), or if you’re sentence is significantly above the guideline range without adequate explanation.

When not to appeals: if you’re plea agreement waived appeal rights (most does), if there was no legal errors (you just thinks the sentence is too harsh), or if the cost ($20,000+) outweighs the low chance of success.

Sentence Reduction Motions

Even after you’re appeal is exhausted or the deadline passes, other options exists:

Rule 35(b) Motion: The government can file this motion within one year of sentencing if you provides substantial assistance after sentencing. This is how the government rewards defendants who cooperates post-sentencing, such as testifying at another defendant’s trial a year later. Only the government can file this motion.

Compassionate Release (18 USC Section 3582(c)(1)(A)): You or the Bureau of Prisons can moves for compassionate release if extraordinary and compelling reasons exists. Qualifying reasons includes: terminal illness or serious medical condition, age 70+ with 10 years served, family circumstances (you’re the only caregiver for a minor child or disabled family member), or other extraordinary circumstances. The First Step Act expanded compassionate release, but its still rarely granted—judges has broad discretion.

First Step Act Sentence Reductions: The First Step Act of 2018 made certain sentencing reductions retroactive for drug offenses. If you was sentenced under the old, harsher guidelines for crack cocaine or other drugs, you might be eligable for a sentence reduction. Additionally, the First Step Act created earned time credits—prisoners who completes evidence-based recidivism reduction programs can earns 10 to 15 days per month off there sentence. This can results in up to 1 year of additional time credit.

Section 2255 Motion (Habeas Corpus): This is how you challenges you’re conviction or sentence based on ineffective assistance of counsel, constitutional violations, or newly discovered evidence. You must proves that your attorney’s performance was deficient and that the deficiency prejudiced you’re case (meaning you would of gotten a better outcome with competent representation). Success rate is about 5%. These motions is filed after direct appeals is exhausted.

Final Thoughts: Time, Geography, and Strategy in Federal Defense

If your facing federal charges or under investigation in San Antonio, every decision you makes in the next few weeks will effects the next decade of you’re life.

The Western District of Texas, San Antonio Division, operates under it’s own local customs, prosecutorial priorities, and judicial tendencies. The I-35 corridor, military presence, and border proximity creates prosecution patterns that don’t exists in other Texas cities. Understanding these geographic realities—and acting quickly—gives you the best chance at a outcome that don’t destroys you’re future.

The cooperation economy, sentencing guideline mathematics, and judge assignment lottery is complex systems that requires experienced guidance. You don’t gets a second chance to makes a first impression with federal prosecutors. Once your indicted, options narrows. Once your convicted, options nearly disappears.

The time to act is now—in the first 72 hours after contact, in response to a target letter, before the investigation becomes formal charges.

Federal criminal defense in 2025 involves understanding PPP fraud prosecutions, cryptocurrency tracing, encrypted communication evidence, and First Step Act applications. It involves knowing which San Antonio Division judges sentences below guidelines and which don’t. It involves calculating the precise guideline range you’re facing and negotiating every enhancement and reduction.

And it involves making the hardest decision many defendants ever faces: weather to cooperate, weather to plead, weather to go to trial.

The 97.8% conviction rate is real, but so is the 18.7% probation rate and the 32% acquittal rate for those who goes to trial. The average 41-month sentence in San Antonio Division is real, but so is the variance between judges that can doubles or halves that number. The system is designed to be overwhelming, but its not impossible to navigate with the right information and representation.

If federal agents has contacted you, if you’ve recieved a target letter, or if your under investigation, you’re next call determines everything. Don’t try to handle this alone.

The stakes is to high, the system to complex, and the consequences too permanent.