Southern District of Texas

The federal trial court for the Houston and South Texas region

The Southern District of Texas is one of four federal districts in the state, part of the wider Texas federal court system. The statute that creates it, 28 U.S.C. § 124, says: "Texas is divided into four judicial districts to be known as the Northern, Southern, Eastern, and Western Districts of Texas." The Southern District is subsection (b), and it states: "(b) The Southern District comprises seven divisions."

The district hears federal crimes because of 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." A drug, immigration, firearms or fraud case arising in these counties is charged here, not in state court. The other Texas districts have their own pages: Northern District and Western District.

The district runs along the Gulf Coast and the Mexican border. The United States Attorney's Office describes it as representing "43 counties and more than nine million people and covering 44,000 square miles," and says it "typically prosecutes more cases against more defendants than most other USAOs nationwide." Those are the office's own descriptions.

Seven divisions: find yours by county

The statute assigns counties to divisions and says where court is held for each. Find the county where the case arose:

• Houston Division: Austin, Brazos, Colorado, Fayette, Fort Bend, Grimes, Harris, Madison, Montgomery, San Jacinto, Walker, Waller and Wharton. The statute says "Court for the Houston Division shall be held at Houston."
• Galveston Division: Brazoria, Chambers, Galveston and Matagorda. Court is held at Galveston.
• Victoria Division: Calhoun, DeWitt, Goliad, Jackson, Lavaca, Refugio and Victoria. Court is held at Victoria.
• Corpus Christi Division: Aransas, Bee, Brooks, Duval, Jim Wells, Kenedy, Kleberg, Live Oak, Nueces and San Patricio. Court is held at Corpus Christi.
• Brownsville Division: Cameron and Willacy. Court is held at Brownsville.
• McAllen Division: Hidalgo and Starr. Court is held at McAllen.
• Laredo Division: Jim Hogg, La Salle, McMullen, Webb and Zapata. Court is held at Laredo.

The court's own division pages list the same counties. The county where the offense happened is a starting point, not the final word. The district's local rule CrLR18 says that unless a statute, other rule or court order requires otherwise, "the government may prosecute a case in any Division in the District in which the offense was committed, in whole or in part." The same rule lets a judge move a case when a "transfer to a different Division would be in the interests of justice, based on the convenience of the defendant and the witnesses and on the prompt administration of justice." Your summons, indictment or release papers name the courthouse. Go by those.

The court's jury plan also groups counties by the same seven divisions. That grouping decides where jurors come from. It does not decide where a case is heard.

The seven courthouses and the clerk's office

Each division page on the court's site carries the heading "ADDRESS, HOURS, SECURITY and ELECTRONIC DEVICE POLICY." The Houston page says "Government issued photo identification required to enter the Courthouse." Plan for security screening everywhere.

• Houston: Bob Casey United States Courthouse, 515 Rusk Avenue, Houston, TX 77002. Mail goes to P. O. Box 61010, Houston, TX 77208. Phone 713-250-5500.
• Galveston: United States Post Office and Courthouse, 601 Rosenberg, Room 411, Galveston, TX 77550. Phone 409-766-3530.
• Victoria: Martin Luther King, Jr. Federal Building, 312 S. Main, Room 406, Victoria, Texas 77901. Phone 361-788-5000.
• Corpus Christi: United States Courthouse, 1133 N. Shoreline Blvd., Corpus Christi, TX 78401. Phone 361-888-3142.
• Brownsville: Reynaldo G. Garza-Filemon B. Vela United States Courthouse, 600 E. Harrison St., Brownsville, TX 78520. Phone 956-548-2500.
• McAllen: United States Courthouse, 1701 W. Business Hwy 83, McAllen, TX 78501. Mail goes to P. O. Box 5059, McAllen, TX 78501. Phone 956-618-8065.
• Laredo: George P. Kazen Federal Building and United States Courthouse, 1300 Victoria St., Laredo, TX 78040. Phone 956-723-3542.

The clerk's office hours are 8:00 a.m. to 5:00 p.m., Monday to Friday, at every location except Victoria, where they are 8:30 A.M. to 4:30 P.M., Monday to Friday. The Houston clerk also lists an after hours emergency line at 832-215-8626. Court wide, the ECF Help Desk is 713-250-5500.

Who prosecutes cases here

The case against you is brought by the United States Attorney's Office for the Southern District of Texas, which the office says is "headquartered in Houston, has branch offices in Galveston, Corpus Christi, Brownsville, McAllen, Laredo and Victoria to staff all seven divisions." The Houston office is at 1000 Louisiana, Ste. 2300, Houston, TX 77002, phone 713-567-9000.

The office states that "The Criminal Division in the Southern District of Texas is among the busiest in the nation," with "approximately 200 AUSAs" across its offices. It lists work on "fraud, public corruption, illegal immigration, national security, violent crime, human trafficking, organized crime and drug trafficking." In Houston the sections are the Asset Recovery Unit; Fraud; Immigration & Special Victims; Narcotics & Organized Crime; National Security/Public Corruption; and Violent Crime & Gangs. Knowing which section holds your file tells you what the government thinks the case is about, whether that is drug trafficking, fraud or firearms.

The border shapes the work. The office says "Five counties from the branch divisions directly border Mexico," and that immigration issues, drug trafficking and human smuggling are of major importance there. It describes the Corpus Christi caseload as "driven largely by the alien and narcotics smuggling trades," and the McAllen office as responsible "for all cases arising from Hidalgo and Starr Counties." For Laredo it says the division "covers as much of the international border as McAllen and Brownsville combined." In Victoria, "Criminal violations committed by federal inmates at the Federal Correctional Institution located at Three Rivers, Texas, are also prosecuted here." Drug importation cases are covered on our drug importation page.

The prosecutor's coverage can differ from the court's county lists. For example, the office says its Brownsville Division also reaches as far north as Kleberg, Kenedy and Nueces counties, which the court assigns to Corpus Christi. If an agent or prosecutor mentions a different office than you expected, that is why.

Appointed counsel: the Federal Public Defender and the CJA panel

If you cannot afford a lawyer, the court can appoint one. The Federal Public Defender's office was created in 1971 under the Criminal Justice Act, and it says it is "responsible for representing individuals deemed eligible for appointment of counsel under 18 U.S.C.§ 3006A at both the trial and appellate levels." It reports that "The Federal Public Defender has offices in 5 cities in southern Texas" and that "the majority of the cases involve alleged drug, immigration and firearms offenses."

The offices are:

• Houston: The Lyric Centre, 440 Louisiana Street, Suite 1350, Houston, TX 77002-1056, (713) 718-4600.
• Brownsville: U.S. Federal Bldg. & Courthouse, 600 E. Harrison Street, Room 102, Brownsville, TX 78520-7119, (956) 548-2573.
• Corpus Christi: PlainsCapital Bank, 500 N. Shoreline Blvd., Ste. 301, Corpus Christi, TX 78401-5222, (361) 888-3532.
• Laredo: 1202 Houston Street, Laredo, TX 78040-8018, (956) 753-5313.
• McAllen: Bentsen Tower, 1701 W. Business Hwy 83, Suite 405, McAllen, TX 78501-5178, (956) 630-2995.

The list has no Galveston or Victoria office. The court also keeps a Criminal Justice Act information page with sub pages for Brownsville, Corpus Christi and Victoria, Houston and Galveston, Laredo and McAllen, and the Federal Public Defender's office says it "holds seminars for CJA Attorneys throughout the district each year." Ask the judge at your first appearance to review your eligibility for appointed counsel.

Pretrial Services and Probation

The court runs a U.S. Pretrial Services office and a U.S. Probation Office. They are not part of the prosecution, and they are the two court offices you will probably meet first.

Pretrial Services investigates a defendant's background and supervises people released before trial. The court lists Pretrial Services offices in Houston, Brownsville, Corpus Christi, Laredo and McAllen. There is none at Galveston or Victoria. The court's pages show the Houston office also serving the Galveston Division counties, and the Corpus Christi office also serving the Victoria Division counties. Houston Pretrial Services is at Bob Casey United States Courthouse, Suite 6214, 515 Rusk Street, Houston, TX 77002-2600, phone 713-250-5218.

Probation offices sit in all seven divisions. Probation prepares the presentence report after a plea or verdict and supervises people after release from prison. The Houston Probation Office is at Bob Casey United States Courthouse, 515 Rusk Street, Suite 2301, Houston, TX 77002-2600, phone 713-250-5266. The court's pages for the other offices give their own suites and phone numbers.

The court's county lists for these offices do not line up exactly with the division lines. Two of the court's own pages disagree about which probation office serves Refugio County, and one Pretrial Services page lists a county that belongs to a different district. Confirm which office you report to from your release order or by calling the court.

The first days of a federal case

After an arrest, you appear before a magistrate judge for an initial appearance, where you learn the charges and the question of counsel is addressed. A Houston order from 1991 states that "Regular court hearings on criminal matters are docketed before the duty magistrate judge at 10 a.m. and 2 p.m. each day." That order covers Houston only and may not reflect current practice, so ask your lawyer or the clerk about timing.

Release is decided at a detention hearing 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". The government may argue flight risk or danger, and the defense answers with ties, work, housing and proposed conditions. Proof of where you live and work helps, so family members should start collecting it right away.

Felony charges generally come by indictment from a grand jury. Local rule CrLR6 notes that "Names of witnesses appearing before a grand jury may be sealed for cause." After indictment comes arraignment, where you enter a plea. Under local rule Cr12.5, "At the time of arraignment, the judicial officer shall set the time for pretrial motions and for any responses to the motions." That means the motion schedule starts on day one.

Local criminal rules that change what you do

The Local Rules number the criminal rules with a "CrLR" prefix (CrLR12, CrLR32, CrLR46), with sub rules such as "Cr12.1." The criminal rules covered are CrLR6, 12, 18, 23, 24, 32, 46, 49, 55, 57 and 58. The court's rules page also lists "Guidelines for Coordination of Criminal Procedures: General Order 1991-26." The Local Rules have no separate criminal rule on discovery or plea agreements, so those follow the Federal Rules of Criminal Procedure and the assigned judge's procedures.

The rules with the most practical effect:

• Pretrial motions (Cr12.1 and Cr12.2). "Motions and responses that do not comply with these rules are waived." A motion must be in writing, state its basis and cite authority, come with a separate proposed order, and include a statement that the movant conferred with the other side but could not reach agreement.
• Presentence report timing (Cr32.2). "The normal schedule for investigation, preparation, and completion of the initial report will be 35 days." Unless waived, the report is disclosed "not less than 35 days before the sentencing date."
• Probation interview (Cr32.3). Defense counsel is entitled to notice and a reasonable opportunity to attend the interview, but the request must be made "immediately after the determination of guilt," with written notice "within 7 days."
• Objections (Cr32.6 and Cr32.9). "Within 14 days after disclosure of the initial report, counsel shall deliver objections to the report in writing to the probation office." Later, "Absent a clear demonstration of good cause, no party shall be allowed at the time of sentencing to present other objections."
• Sealed reports (Cr32.4). Presentence reports are filed under seal. Our pages on the presentence report and federal sentencing explain what the report does.
• Exhibits (Cr55.2). Objections to admissibility of exhibits "must be made at least 7 days before trial."
• Bond (Cr46.1). No employee of the United States Courts or of the United States Marshal's Service will be accepted as surety.

The judge assigned to your case may also have individual procedures, so ask your lawyer which apply.

Appeals go to the Fifth Circuit

Appeals leave this courthouse. 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 the Fifth Circuit as covering "District of the Canal Zone, Louisiana, Mississippi, Texas." So appeals from the Southern District of Texas go to the Fifth Circuit. The United States Attorney's Appellate Division "represents the United States on appeal before the United States Court of Appeals for the Fifth Circuit."

The deadline is short. Federal Rule of Appellate Procedure 4(b)(1)(A) says: "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. Our federal appeals page covers the process. Appeal planning should begin before sentencing.

A note on penalties

This page lists no prison or fine figures because a court page cannot predict them. Penalty numbers on this site are statutory maximums or guideline ranges, not predictions. Drug quantity, loss amount, criminal history and the facts of the conduct all change the real result. Pages such as mandatory minimum sentences explain how some statutes set floors.

Talking to a lawyer about a case in this court

Bring what you have to the first conversation, and do not wait for a perfect file. Useful items include:

• Every document you received: summons, complaint, indictment, release order, target letter or search warrant papers. They show the courthouse, the division and the case number.
• The date, time and place of every upcoming hearing, and the name of any Pretrial Services or Probation officer who has contacted you.
• Proof for a release hearing: address, lease or mortgage, employer letters, family contacts, medical or treatment records.
• A written timeline of events, kept for your lawyer only.
• Names of anyone who has spoken with agents. If agents ask for an interview or a proffer session, do not agree before you have spoken with a lawyer.

Do not discuss the case with co defendants, on social media or on jail phones. If you cannot afford a lawyer, ask the court about the Federal Public Defender or the CJA panel at your first appearance. When you are ready to talk through a case in the Southern District of Texas, 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.