What the District of Nevada is
The District of Nevada is the federal trial court for the whole state. It is one of the courts described on our federal courts hub, and it is the court where federal criminal cases from Las Vegas, Reno, Carson City, Elko and every Nevada county are filed. The statute that creates it, 28 U.S.C. § 108, is short: "Nevada constitutes one judicial district." It also says where the court sits: "Court shall be held at Carson City, Elko, Las Vegas, Reno, Ely, and Lovelock."
The court's authority over crimes comes from 18 U.S.C. § 3231, which gives district courts "original jurisdiction, exclusive of the courts of the States, of all offenses against the laws of the United States." That is why a drug, fraud, firearms or immigration case that violates federal law is filed here and not in a Nevada state court.
The district is large. The United States Attorney's Office describes it as comprising "the entire state of Nevada, making it one of the largest of the 94 federal judicial districts." The same office says the federal government owns or manages approximately 87% of the land mass, and that Nevada has 28 federally recognized tribes, bands and communities. That matters for defendants, because offenses on public lands and in Indian Country can be federal cases.
Two unofficial divisions, and how to find yours
The statute makes Nevada one district with no statutory divisions. The court's local rule LR IA 1-6 says the district "has two unofficial divisions." Those divisions are drawn by county:
- Southern Division: Clark, Esmeralda, Lincoln and Nye counties.
- Northern Division: Carson City, Churchill, Douglas, Elko, Eureka, Humboldt, Lander, Lyon, Mineral, Pershing, Storey, Washoe and White Pine counties.
If your case arose in Clark County, which includes Las Vegas, the Southern Division is the one to look at, and the Southern Division clerk's office is in Las Vegas. If it arose in Washoe County, which includes Reno, or another Northern county, the Northern Division office is in Reno. The court does not publish a rule that matches each county to a single courthouse for criminal hearings, so use the county lists as orientation and rely on your papers.
Two local rules explain why. Under LR IA 1-8(b), when an offense was committed in more than one division, "the government may file the indictment or information in either division." And under LR IA 1-8(c), proceedings are had in the division where the case was originally filed, except that the presiding judge may direct that proceedings or trial take place in the other division. Your indictment, summons, or release papers will name the courthouse, and that is the answer that counts.
The court's Jury Plan sets three jury divisions by county, Las Vegas, Reno and Elko. Those divisions decide where trial jurors are drawn from. They do not decide where a case is heard. For trials in the Southern Division, jurors come from the Las Vegas Jury Division. For trials in the Northern Division, jurors come from the Reno Jury Division, the Elko Jury Division, or a combination of both.
The courthouses and the clerk's office
Although the statute names six places where court is held, the court's website lists two locations:
- Las Vegas: Lloyd D. George Federal Courthouse, 333 Las Vegas Blvd. South, Las Vegas, NV 89101. Clerk's Office: (702) 464-5400.
- Reno: Bruce R. Thompson Federal Courthouse, 400 S. Virginia St., Reno, NV 89501. Clerk's Office: (775) 686-5800.
The court does not say whether it holds criminal proceedings in Carson City, Elko, Ely or Lovelock. The statute names them, but the court's site does not list them. If your papers send you to one of those towns, follow the papers.
The local rules say the clerk's offices are open to the public from 9:00 a.m. until 4:00 p.m., Monday through Friday, legal holidays excepted. The clerk's staff will not give legal advice. They can help with filing logistics, and the court lists CM/ECF electronic filing help desk numbers on its site.
Who prosecutes in Nevada
Federal charges here are brought by the United States Attorney's Office for the District of Nevada. Its headquarters is at 501 Las Vegas Boulevard South, Suite 1100, Las Vegas, NV 89101, and its Reno Branch Office is at 400 South Virginia Street, Suite 900, Reno, NV 89501. The office describes its role as to "enforce the laws of the United States and represent its interests by prosecuting federal criminal offenses, litigating affirmative and defensive civil suits, and collecting judgments and restitution for victims and taxpayers."
The office's Criminal Division has three litigating sections:
- The Narcotics and Criminal Enterprise Section investigates and prosecutes drug trafficking organizations and violent gangs. See our pages on federal drug charges and drug trafficking.
- The White Collar Crime Section handles sophisticated economic crimes. It also handles the office's immigration related prosecutions. See federal fraud charges and white collar defense.
- The General Crimes Section handles violent crime, child exploitation, human trafficking, opioid abuse, public lands, money laundering, public integrity and theft of trade secrets.
The Reno Branch Office has its own criminal, civil, appellate and support divisions, and the office says it is responsible for all cases in the district involving Indian Country. Investigations come from agencies such as the FBI, DEA, ATF, Homeland Security Investigations, the IRS, the Bureau of Land Management, the Forest Service and the National Park Service. If you received a letter from the office, read our page on target letters.
Appointed lawyers: the Federal Public Defender and the CJA panel
If you cannot afford a lawyer and the court finds you eligible, it will appoint one. The Federal Public Defender for the District of Nevada has offices at 411 E. Bonneville Ave, Las Vegas, NV 89101, (702) 388-6577, and at 200 S. Virginia St., Suite 340, Reno, Nevada 89501, (775) 321-8451. The office describes teams covering trial and appeals, along with non-capital and capital habeas units.
The court has also adopted a Criminal Justice Act plan, and LCR 44-1 sends appointment procedures to it. Under that plan, administration of the CJA panel is delegated to the Federal Public Defender. When the Federal Public Defender has an actual or potential conflict, for example in a case with several defendants, the plan says the office will promptly notify its CJA Unit so a panel attorney can be appointed. Ask for appointed counsel at your first appearance, because the judge needs to know you need it.
If you hire your own lawyer, LCR 44-2 says that, except for the Federal Public Defender and attorneys appointed by the court, no attorney is considered an attorney of record for a defendant until a written designation of retained counsel, signed by the defendant and the attorney, is filed.
Pretrial services and probation
The plan refers to a separate United States Pretrial Services Office. It says that office will give counsel notice and a reasonable opportunity to attend any interview of the individual before the initial release or detention hearing. The court's site has no separate pretrial services page, so ask your lawyer or the court about how that interview works in your case. The interview usually covers background, work and residence, which feed into release decisions.
The United States Probation Office has two offices. The Las Vegas office is at the Foley Federal Building, 300 Las Vegas Boulevard South, Suite 1200, Las Vegas, NV 89101, (702) 527-7300. The Reno office is at the Bruce R. Thompson Federal Building, 400 South Virginia Street, Room 103, Reno, NV 89501, (775) 686-5980. Probation prepares the report used at sentencing, covered below and on our presentence report page.
The first days: appearance, detention, indictment and arraignment
After an arrest, you are brought before a magistrate judge for an initial appearance. Under LR IB 1-7, a magistrate judge may preside over initial appearances, preliminary examinations and arraignments before the district judge, appoint counsel, accept pleas of not guilty, set times for pretrial motions and fix trial dates. A magistrate judge may also set the terms of release.
Whether you are released is decided under 18 U.S.C. § 3142. A judge orders detention before trial only if the judge finds that "no condition or combination of conditions will reasonably assure the appearance of the person as required and the safety of any other person and the community". Our detention hearing page explains how those hearings work. If you are released, LCR 46-1 requires that you execute an appearance bond in a form approved by the court. If you disagree with the magistrate judge's ruling, LCR 12-3 provides a motion titled "Motion for District Judge Review of Magistrate Judge’s Release (or Detention) Order." Responses are due within 14 days of the filing, and the district judge conducts a de novo review and may hold an evidentiary hearing.
Felony charges usually come through a grand jury and an indictment. At arraignment you enter a plea. Under LCR 10-1, a defendant charged by indictment or misdemeanor information may waive appearance at arraignment by a written waiver, signed at least seven days before the date set for arraignment.
Local criminal rules that change what you do
The criminal local rules are Part IV of the court's local rules, and they are cited with the letters LCR, such as LCR 12-1. General rules are cited LR IA, LR IB and LR. The court's website links to local rules dated April 17, 2020. The site shows no newer edition, so your lawyer should still check for amendments. These are the rules most likely to matter:
- Pretrial motions. Under LCR 12-1, each party has 30 days from the arraignment to file and serve pretrial motions and notices, unless the court orders otherwise. This includes a motion to suppress evidence. Responses are due within 14 days of service, and a reply may be filed within seven days of service of the response. Filers must certify that the motion, response or reply is timely.
- Trial motions. Under LCR 12-2, motions such as motions in limine will not be considered without a statement certifying that the parties took part in the meet and confer process.
- Discovery. Under LCR 16-1, in non-complex cases the parties must meet and confer to decide whether discovery runs on a joint discovery agreement or a government disclosure statement. A joint agreement is due within seven days after arraignment. Without one, the government files a disclosure statement within seven days after the conference, and in no event more than 14 days after arraignment. The defense must make its reciprocal disclosures available no later than 14 days before trial. The court may designate a case as complex for good cause, after which the parties have seven days to meet and confer on a schedule.
- Discovery disputes. Before a discovery motion, the lawyer must confer in good faith and certify that the dispute could not be resolved after personal consultation with opposing counsel.
- Continuances. Under LCR 45-2, a request to continue a trial date must set out in detail why it is needed and cite any excludable periods under the Speedy Trial Act, 18 U.S.C. § 3161(h).
- Page limits. Under LCR 47-2, pretrial and post-trial briefs, motions and responses are limited to 30 pages, excluding exhibits, and replies to 20 pages.
- Sealing. Under LR IA 10-5, papers filed under seal must come with a motion for leave to file under seal.
Deadlines in these rules are short. Missing the 30 day window can put a suppression motion at risk, which is why the early weeks of a case matter.
Sentencing in this district
If a case ends in a plea or conviction, LCR 32-1 sets the sentencing calendar. The probation officer must give the presentence report to the defendant, the defendant's attorney and the government at least 35 days before the sentencing hearing. Objections that affect the probation officer's recommendation must be sent in writing within 14 days after receiving the report. The report and any addendum go to the court at least seven business days before sentencing. A sentencing memorandum on unresolved issues is due at least five business days before the hearing, and a response at least three business days before. A motion for a forfeiture order is due no later than 28 days before the hearing.
The report is confidential under LCR 32-2(a), and defense counsel is responsible for giving the defendant a copy. Read it closely. Our pages on federal sentencing and mandatory minimum sentences explain how the numbers are built.
Appeals go to the Ninth Circuit
Appeals from the District of Nevada go to the Ninth Circuit. The statute sends them "From a district court of the United States to the court of appeals for the circuit embracing the district;" and the circuit table lists Nevada in the Ninth Circuit with Alaska, Arizona, California, Idaho, Montana, Oregon, Washington, Guam and Hawaii.
The time limit is short. Federal Rule of Appellate Procedure 4(b)(1)(A) says that in a criminal case "a defendant's notice of appeal must be filed in the district court within 14 days after the later of:" the entry of either the judgment or the order being appealed, or the filing of the government's notice of appeal. Under LCR 44-3, a lawyer in a criminal case, retained or appointed, must find out whether the defendant wants to appeal and must file a notice of appeal on the defendant's request, regardless of any waivers in the plea agreement. See our federal appeals page.
A note on penalties
Penalty figures on this site are statutory maximums or guideline ranges. They are not predictions of what will happen in any case. Drug quantity, loss amount, criminal history and the facts of the offense all change the real range.
Talking to a lawyer about a case in this court
Before you call, gather what you have. That includes any indictment, complaint, summons or release order, since those name the courthouse and the charges. Also collect any target letter, search warrant papers, the names and numbers of agents who contacted you, and a list of the county, date and place where the events happened. Write down upcoming dates, and do not discuss the facts with agents, co-defendants or on social media.
If you are under investigation but not charged, say so, and mention whether you have been asked to attend a proffer session or received a search warrant. If you have been charged, tell the lawyer whether you have appointed counsel already. Bring questions about release conditions, the discovery schedule and the 30 day motion window in LCR 12-1. To start, request a consultation.
Federal representation outside California is subject to applicable court admission requirements. Pro hac vice admission and association with local counsel may be required.