Appealing before sentencing?

As the administrator of my uncle’s estate, I’ve been receiving notices/invitations from a Federal court in Chicago to sentencing hearings of a man who purportedly defrauded both him and the Federal government though Medicaid fraud.

For mabye 4 or 5 months now, I’ve been invited to attend and present a victim’s impact statement at his sentencing hearing. And then another email a day or 2 before the hearing – to cancel it due to some schedule conflicts. And rince and repeat – more scheduled hearing dates, followed by cancellations and reschedules.

But the latest email is different. I’m now told there has been an appeal filed and I will be notified of the outcome. Is it common for appeals to be filed or acted on before the person is even sentenced?

I don’t see how someone could appeal a decision that hasn’t happened yet. I would ask a lawyer from your state, if you know one, or send a reply email to the person that sent you the last one.

He’s been convicted, but not yet sentenced.

I don’t know about your specific jurisdiction, but I know in the UK it is the exception rather than the rule, but still not particularly uncommon to appeal a conviction before sentence.

Legal advice is best suited to IMHO.

Colibri
General Questions Moderator

The OP said Federal Court (I presume a U.S. Federal court).

Many jurisdictions have what is known as interlocutory appeals, where a party aggrieved of a decision on one issue in a case (one which does not finally dispose of the whole case on merits) may appeal that. Typically these are things like temporary injunctions (stay orders for instance) decision to permit or allow certain types of evidence.

Presumably such an order was passed down by the Court and one party is appealing it.