Assistant United States Attorney (Appellate)

We are seeking an Assistant U.S. Attorney (AUSA) for our Appellate Unit, based in either Sacramento or Fresno.

About the role

The Appellate Unit writes briefs, edits briefs, conducts moots, and provides legal advice and guidance on the Office's criminal and civil matters before the Ninth Circuit.

In the criminal realm, these cases involve challenging issues in criminal law and procedure, including constitutional challenges to criminal convictions, statutory questions of first impression, application of the Sentencing Guidelines, and post-conviction matters. In the civil realm, cases recently include litigation of rapidly evolving constitutional, statutory, and regulatory issues in immigration law.

Appellate AUSAs work with other AUSAs in the criminal and civil divisions to prepare all briefs filed in the Ninth Circuit. They also counsel prosecutors and civil litigators on difficult legal issues, providing input on trial-level procedure and strategy. Depending on workload, Appellate AUSAs may take on district court level duties, including motions practice, habeas corpus litigation, or criminal or civil case development.

Responsibilities will increase and assignments will become more complex as your training and experience progress.

Responsibilities

• Draft, edit, and file briefs in the Ninth Circuit for both criminal and civil appeals.
• Conduct moot courts and provide legal advice to trial attorneys on appellate strategy and procedure.
• Handle constitutional challenges to criminal convictions, statutory questions of first impression, Sentencing Guidelines issues, and post-conviction matters.
• Litigate evolving constitutional, statutory, and regulatory issues in immigration and other civil matters.
• Collaborate with AUSAs in criminal and civil divisions to prepare all appellate filings.
• Provide guidance on trial-level procedure and strategy to prosecutors and civil litigators.
• Occasionally take on district court duties, such as motions practice, habeas corpus litigation, or case development.

Requirements

• United States citizenship is required.
• J.D. degree (or equivalent) and active membership in good standing of the bar (any U.S. jurisdiction).
• At least 2 years of post-J.D. legal experience.
• Strong legal writing experience and foundational experience in either criminal or civil practice.
• Initial appointment is conditioned upon a satisfactory preemployment adjudication, including fingerprint, credit, tax checks, and drug testing.
• Continued employment is subject to a favorable adjudication of a background investigation.
• Selective Service registration is required for male applicants born after December 31, 1959, unless exempt.
• Assistant United States Attorneys must reside in the district to which they are appointed or within 25 miles thereof.

Qualifications

Required Qualifications:

• J.D. degree (or equivalent) and active bar membership in any U.S. jurisdiction.
• Minimum of 2 years of post-J.D. legal experience.
• Strong legal writing skills and foundational experience in criminal or civil practice.

Preferred Qualifications:

• Previous appeals experience, either criminal or civil.
• Ability to efficiently draft and collaborate on high-quality pleadings and briefs.
• Team-oriented with a desire to work with other appellate AUSAs and trial attorneys.
• Enjoys both collaborative consultations and deep solitary work required for appellate brief-writing.
• Clerkship experience is a plus.

Pay

Assistant United States Attorney's pay is administratively determined based on years of professional attorney experience. The recruiting range of basic pay is as follows:

• Sacramento: $85,075 to $197,100 (includes 29.76% locality pay).
• Fresno: $77,135 to $180,986 (includes 17.65% locality pay).

Benefits

The Department of Justice offers a comprehensive benefits package, including:

• Paid vacation, sick leave, and holidays.
• Telework opportunities.
• Life insurance and health benefits.
• Participation in the Federal Employees Retirement System.

Location Information

Sacramento: Located in Northern California, Sacramento offers a wide range of cultural activities, including professional ballet, opera, and sports teams such as the Sacramento Kings, Sacramento River Cats, and Sacramento Republic FC. Outdoor enthusiasts can enjoy water recreation, salmon fishing, river rafting, and proximity to Lake Tahoe and the Sierra Nevada mountains for skiing and boating. Sacramento is 90 miles northeast of San Francisco.

Fresno: Located in the Central Valley, Fresno is one of California's fastest-growing cities and serves as a gateway to national treasures like Yosemite National Park and Sequoia-Kings Canyon National Parks. The region is a major supplier of agricultural products and offers diverse recreational opportunities.

Additional Information

• Relocation expenses will not be authorized.
• Occasional travel may be required.
• Applicants must comply with professional conduct rules regarding conflicts of interest.
• Current or former political appointees must disclose their status and may require OPM authorization for employment.