Western District of Texas: Federal Criminal Court Guide

If you or someone you love is facing a federal criminal charge in central or west Texas, you are dealing with a different court system than the Texas state courts: a different prosecutor, different procedures, different rules about release before trial, and a different approach to sentencing. The United States District Court for the Western District of Texas is one of four federal districts in the state. It covers 68 counties and roughly 93,000 square miles, from Austin and Waco west to El Paso and the Big Bend, and it is organized into seven judicial divisions. This guide explains how a federal case moves through this district: where it is heard, who prosecutes it, what to expect at each stage, and how federal sentencing works. Nothing here is legal advice or a prediction about any case (every case is different), but it should help you understand the terrain before you walk into it.

Federal court is not Texas state court

A federal charge is prosecuted by the United States, not by a county district attorney, and it is heard by a United States District Judge or Magistrate Judge appointed under Article III, not by an elected state judge. The differences are practical and they matter from the first day:

• There is no bail bondsman. Federal defendants are not released by posting a bond with a bail-bond company. Release or detention is decided by a judge under the federal Bail Reform Act (explained below).
• Sentencing runs on the U.S. Sentencing Guidelines, an advisory point system, rather than the Texas punishment ranges you may have heard about.
• Cases move on the federal calendar, shaped by the Speedy Trial Act, federal grand juries, and the Federal Rules of Criminal Procedure.
• Appeals go to the U.S. Court of Appeals for the Fifth Circuit in New Orleans, not to a Texas court of appeals.

Which of the district's seven divisions hears a case depends on the county where the alleged offense occurred. Knowing your division tells you which courthouse, which branch of the U.S. Attorney's Office, and which local practices will shape the case.

Where Your Case is Heard

Federal venue in the Western District is set by statute, 28 U.S.C. § 124(d), which assigns each of the 68 counties to one of seven divisions and names the city where court is held. The main courthouse for each division is below.

Every federal courthouse has weapons and security screening at the entrance, expects business-appropriate attire in the courtroom, and restricts phones and electronics. Confirm each courthouse's current rules before you go, because they vary by building and judge.

Who prosecutes

Federal criminal cases in this district are brought by the U.S. Attorney's Office for the Western District of Texas (USAO-WDTX), part of the U.S. Department of Justice. The U.S. Attorney is the chief federal prosecutor for all 68 counties, leading an office of roughly 300 people that works through Criminal, Civil, Asset Recovery, Legal Support, and Administrative divisions. The main office is in San Antonio at 601 NW Loop 410, Suite 600, San Antonio, TX 78216, phone (210) 384-7100, with staffed branch offices in Austin, Waco, Del Rio, El Paso, Midland, and Alpine.

Federal charging works differently from a county filing:

• Investigation. Federal cases are usually built by an agency (the FBI, DEA, ATF, HSI, IRS-CI, or others), often over months, before any charge is public.
• Target letter. In some investigations, especially white-collar matters, a person is notified by letter that they are a "target" or "subject." Receiving one is a critical moment to have counsel before speaking to anyone.
• Grand jury. For a felony, the Fifth Amendment requires that the case be presented to a federal grand jury, which decides whether there is probable cause to return an indictment.
• Indictment vs. complaint. Many cases begin instead with a criminal complaint and an arrest, followed by an indictment within the time the Speedy Trial Act allows. An indictment is only an accusation; it is not evidence of guilt, and the government still must prove every charge beyond a reasonable doubt.

The federal process, step by step

Every case is different, but a Western District felony generally moves through these stages:

1. Arrest or summons. A case starts with an arrest (on a complaint or indictment warrant) or, in some matters, a summons to appear voluntarily.
2. Initial appearance. The defendant is brought before a Magistrate Judge, usually the next business day, and is told the charge and their rights, including the right to counsel. If they cannot afford a lawyer, the court appoints the Federal Public Defender or a panel attorney.
3. Detention, not a bail bond. Instead of posting a commercial bond, the defendant either agrees with the government on release conditions or has a detention hearing under the Bail Reform Act, 18 U.S.C. § 3142. U.S. Pretrial Services interviews the defendant, investigates their background and risk, and recommends conditions to the judge. (See the next section.)
4. Arraignment. The defendant is formally advised of the charges in the indictment and enters a plea of not guilty, and the court sets a schedule.
5. Discovery. Under Rule 16 of the Federal Rules of Criminal Procedure, plus the government's constitutional Brady and Giglio obligations, the prosecution discloses its evidence: reports, statements, lab results, recordings, and documents. Federal discovery is governed by rule and protective orders rather than a state open-file practice.
6. Motions. Where the facts support it, the defense files pretrial motions (to suppress evidence, to dismiss, to compel discovery, or to address the charges) argued before the District Judge.
7. Plea or trial. Most federal cases resolve by a negotiated plea agreement; those that do not are tried to a jury, with the government carrying the burden of proof beyond a reasonable doubt. If there is a conviction, sentencing follows weeks later, after a presentence investigation.

Detention vs. bail: why federal release is different

In Texas state court, most people are released by posting a bond, often through a bondsman. Federal court has no bondsman system. Under the Bail Reform Act, a judge decides release or detention based on two questions: whether the person is a flight risk and whether they are a danger to any person or the community. The judge can release someone on their own recognizance, release them with conditions (supervision, location monitoring, travel limits, surrender of a passport, a co-signer, or a secured property bond), or order them detained pending trial.

For certain offenses, including many drug, firearm, and violent charges, the law creates a presumption of detention, which the defense can rebut with evidence. Pretrial Services plays a central role: it investigates the defendant, reports to the court, recommends conditions, and supervises those who are released. Because the standards and the process are so different from state bail, having counsel prepared for the detention hearing at the very start of the case is often decisive.

The U.S. Sentencing Guidelines

Federal sentences are shaped by the U.S. Sentencing Guidelines, a framework designed to make sentences more uniform across the country. The Guidelines assign an offense level based on the crime and its specific characteristics (for example, drug quantity or loss amount), then place the defendant in one of six criminal-history categories based on prior record. The intersection of the two on the sentencing table produces an advisory range, stated in months.

Several points matter for anyone trying to understand federal sentencing:

• The Guidelines are advisory, not mandatory. Since United States v. Booker (2005), the judge must correctly calculate the range and consider it, but is not bound by it. Any number a lawyer or a chart produces early in a case is an estimate only: illustrative, not a prediction, and not a promise.
• Acceptance of responsibility. A defendant who accepts responsibility, typically by pleading guilty, can receive a reduction in offense level under the Guidelines, which can meaningfully lower the range.
• The § 3553(a) factors. Beyond the Guidelines, the judge must weigh the factors in 18 U.S.C. § 3553(a) (the nature and seriousness of the offense, the history and characteristics of the defendant, the need for deterrence and public protection, the need to avoid unwarranted disparities, and more) and may sentence above or below the range accordingly.
• Mandatory minimums. Some statutes (certain drug, firearm, and other offenses) carry a mandatory minimum sentence set by Congress. When one applies, it overrides a lower Guidelines range, and only narrow exceptions, such as the "safety valve" or substantial-assistance provisions, can go below it.

Because so much turns on individual facts, no honest lawyer can tell you at the outset what sentence a federal case will produce. Any Guidelines figure discussed here or elsewhere is for general illustration only.

After sentencing

A federal sentence usually has two parts that follow the courtroom. First, the court recommends and the Federal Bureau of Prisons (BOP) decides the designation: which facility a person serves any custodial term in, based on security level, medical needs, and available space (the court can recommend a location, but BOP makes the final call). Second, most federal sentences include a term of supervised release that begins after custody: a period of court supervision, overseen by the U.S. Probation Office, with conditions such as reporting, drug testing, employment, and travel limits. Violating those conditions can lead back to prison. Federal sentences are served without parole; a limited amount of good-conduct and earned time can reduce the time actually served.

Appeals

A defendant convicted in the Western District appeals to the U.S. Court of Appeals for the Fifth Circuit, based in New Orleans, which hears federal appeals from Texas, Louisiana, and Mississippi. A federal appeal generally follows a final judgment, is filed within a short deadline after sentencing, and is decided on the trial-court record and written briefs, sometimes with oral argument. The Fifth Circuit does not retry the case; it reviews for legal error. Beyond the court of appeals, the only further review is a petition to the Supreme Court of the United States, which is discretionary and rarely granted.

What makes practice in this district different

A few realities of federal practice in the Western District are worth knowing going in.

Venue and division culture are real. The seven divisions are not interchangeable. A case in Austin or San Antonio moves through a large, busy urban docket; a case in Del Rio, Pecos, or Alpine moves through a smaller courthouse where the same judges, prosecutors, and defenders see one another constantly.

The border divisions carry heavy immigration and drug dockets. The Del Rio, El Paso, and Pecos divisions sit on or near the Rio Grande, and their criminal dockets reflect it: a high volume of immigration-related and drug-transport prosecutions, sometimes handled on expedited or "fast-track" tracks. That volume shapes how quickly cases move and how they are resolved.

Federal timelines are firmer than state timelines. The Speedy Trial Act, standing scheduling orders, and each judge's practices give federal cases a more fixed cadence than many state dockets. Deadlines for motions and for the detention hearing come fast, which is one reason early, federally experienced counsel matters.

This is a court that requires federal admission. Not every lawyer who handles Texas state cases is admitted to practice in federal court. Appearing in the Western District requires admission to its bar, and federal criminal defense is its own discipline. The Guidelines, the Bail Reform Act, and federal procedure are not the state-court rules under another name.

Attorneys who appear here

Federal criminal defense in this district calls for a lawyer who knows how the government builds and charges these cases from the inside.

Lance Kennedy brings that background. He is a former Assistant United States Attorney and a former Special Assistant United States Attorney in the Eastern District of Texas, meaning he has prosecuted federal cases, not only defended them, and understands how charging decisions, plea negotiations, and sentencing positions are made within the Department of Justice. He is admitted to the Supreme Court of the United States and to the U.S. Court of Appeals for the Fifth Circuit.

Additional attorney cards (photo, name, bar and court admissions, and any applicable board certification) to be inserted below.

• [Attorney Card: pending]
• [Attorney Card: pending]

Federal charges we defend

We defend the full range of federal criminal matters in the Western District of Texas courts, including:

• Federal drug conspiracy and trafficking
• Federal firearms offenses
• Immigration-related offenses (illegal reentry, transporting, and related charges)
• White-collar and fraud (wire, mail, bank, and health care fraud)
• Money laundering
• Conspiracy charges
• Computer and child-exploitation offenses
• Federal appeals to the Fifth Circuit

External resources

• U.S. District Court, Western District of Texas
• PACER: federal court records
• WDTX CM/ECF (electronic case filing)
• U.S. Pretrial Services, Western District of Texas
• Federal Public Defender, Western District of Texas
• U.S. Attorney's Office, Western District of Texas
• BOP Federal Inmate Locator
• U.S. Court of Appeals for the Fifth Circuit

Frequently asked questions

Nearest Offices

Our Austin and San Antonio offices serve clients throughout the Western District of Texas. If you are facing a federal investigation or charge, call for a free case review, or contact us online.

Other courthouse guides

Card grid; links pending.

• Eastern District of Texas: Federal Court Guide. Federal criminal practice in the Eastern District.
• Travis County Courthouse Guide. The criminal courts of Travis County (Austin).
• Bexar County (San Antonio) Courthouse Guide. The criminal courts of Bexar County.
• Williamson County Courthouse Guide. The criminal courts of Williamson County (Georgetown).