Federal cases are different: federal agents investigate for months before arrest, a grand jury indictment starts the case, a detention hearing decides whether you go home, the sentencing guidelines drive outcomes, and you have only 14 days to file a notice of appeal. Mississippi has two federal districts, the Southern District (Hattiesburg, Jackson, Gulfport, and Natchez) and the Northern District (Aberdeen, Oxford, and Greenville), and appeals from both go to the Fifth Circuit. Three of our attorneys, A. Arman Miri, Tom Fortner, and Valorie G. Cochran, serve on the Southern District’s Criminal Justice Act (CJA) panel, and Arman Miri also serves on the Fifth Circuit CJA appellate panel, which means the federal courts themselves appoint us to defend federal cases. If agents have contacted you, the time to hire counsel is before charges are filed, not after. Call (601) 582-5015.
South Mississippi and the Southern District of Mississippi
Based in Hattiesburg, Lowrey, Fortner, & Miri defends state and federal criminal cases across South Mississippi. Our lawyers appear in the U.S. District Court for the Southern District of Mississippi in the Eastern Division in Hattiesburg, and can appear at the court’s other seats in Jackson, Gulfport, and Natchez when a case requires it.
Federal Matters We Defend
- Drug trafficking and drug conspiracy under 21 U.S.C. § 841 and § 846
- Firearms offenses, including felon in possession under 18 U.S.C. § 922(g)
- Fraud and white collar investigations, including wire fraud under 18 U.S.C. § 1343 and related conspiracy counts
- Conspiracy and other Southern District of Mississippi indictments
- Federal appeals to the Fifth Circuit
We defend these cases from the target letter and the investigation through the detention hearing, trial, sentencing, and appeal. Call (601) 582-5015.
Federal Criminal Defense in the Southern and Northern Districts of Mississippi
Mississippi is divided into two federal judicial districts, the Northern District and the Southern District. Federal cases from Hattiesburg and the Pine Belt are tried in the Eastern Division of the U.S. District Court for the Southern District of Mississippi, which holds court in Hattiesburg. Our office is at 525 Corinne Street in Hattiesburg, and our attorneys are admitted in the Southern District and before the U.S. Court of Appeals for the Fifth Circuit. Tom Fortner and Arman Miri are also admitted in the Northern District of Mississippi.
The federal criminal justice system operates under an entirely different set of rules, procedures, and sentencing guidelines than Mississippi state courts. Federal agencies like the FBI, DEA, ATF, and IRS-CI spend months, sometimes years, building cases before they ever file an indictment. We defend white-collar, drug, gun, and conspiracy allegations in both districts. State felony charges move on a much faster clock; see how the state indictment timeline compares.
Where your case is heard depends on the county where the offense allegedly happened. Under 28 U.S.C. § 104, the two districts are split into these divisions.
Southern District, Eastern Division (Hattiesburg)
Covers Forrest, Lamar, Jones, Perry, Marion, Covington, Jefferson Davis, Lawrence, Jasper, Clarke, Wayne, and Walthall Counties. Court is held in Hattiesburg. This is the division that hears most of our federal cases.
Southern District, Northern Division (Jackson)
Covers Hinds, Madison, Rankin, Copiah, Simpson, Smith, Scott, Leake, Neshoba, Newton, Lauderdale, Kemper, Noxubee, Holmes, Yazoo, Warren, Sharkey, and Issaquena Counties. Court is held in Jackson.
Southern District, Southern Division (Gulfport)
Covers the Gulf Coast counties of Harrison, Jackson, Hancock, Stone, Pearl River, George, and Greene. Court is held in Gulfport.
Southern District, Western Division (Natchez)
Covers Adams, Amite, Claiborne, Franklin, Jefferson, Lincoln, Pike, and Wilkinson Counties. Court is held in Natchez.
Northern District of Mississippi
Three divisions. The Aberdeen Division (court at Aberdeen, Ackerman, and Corinth) covers Alcorn, Chickasaw, Choctaw, Clay, Itawamba, Lee, Lowndes, Monroe, Oktibbeha, Prentiss, Tishomingo, Webster, and Winston. The Oxford Division covers Benton, Calhoun, DeSoto, Lafayette, Marshall, Panola, Pontotoc, Quitman, Tallahatchie, Tate, Tippah, Tunica, Union, and Yalobusha. The Greenville Division (court at Clarksdale, Cleveland, and Greenville) covers Attala, Bolivar, Carroll, Coahoma, Grenada, Humphreys, Leflore, Montgomery, Sunflower, and Washington.
U.S. Court of Appeals for the Fifth Circuit
Under 28 U.S.C. § 41, the Fifth Circuit covers Louisiana, Mississippi, and Texas. Every federal criminal appeal from either Mississippi district goes there. Partner A. Arman Miri serves on the Fifth Circuit’s CJA appellate panel.
How a Federal Case Differs From a State Case
A state felony in Mississippi starts with an arrest and a 48-hour initial appearance. A federal case usually starts long before anyone is arrested. Here is the path a federal prosecution follows and what we do at each stage.
Unlike local police who make arrests immediately at a scene, federal agencies often investigate quietly for months or even years. They use wiretaps, financial audits, confidential informants, and grand jury subpoenas before ever making an arrest. If agents knock on your door, or a business associate mentions a subpoena, that is the moment to call a lawyer, not after the indictment.
If you receive a "target letter" from the U.S. Attorney, it means prosecutors have gathered substantial evidence linking you to a crime, and they fully intend to seek an indictment against you. Do not answer agents’ questions and do not consent to a search beyond the scope of any warrant. State clearly, "I will not answer any questions without my attorney present," and call us. Retaining counsel at this stage sometimes lets us present your side before the grand jury votes.
Under Federal Rule of Criminal Procedure 7, any offense punishable by more than one year in prison must be prosecuted by indictment unless you waive it in open court. A federal grand jury has 16 to 23 members, its proceedings are secret, and it may indict only if at least 12 jurors concur. You and your lawyer are not in the room. The indictment must give the statute you are alleged to have violated, and we read it line by line for defects, duplicative counts, and venue problems.
Rule 5 requires that an arrested person be taken "without unnecessary delay" before a magistrate judge, who must inform you of the complaint, your right to counsel, the circumstances of pretrial release, and your right not to make a statement. The federal system does not use traditional cash bail bondsmen. If the government seeks detention, the court holds a detention hearing under 18 U.S.C. § 3142, and you can be held without bond only if the judge finds that no conditions will reasonably assure your appearance or the safety of the community. That hearing is often the most important day of the case.
Under Rule 16, on request the government must disclose your own oral, written, and recorded statements, and your recorded grand jury testimony, along with other categories of evidence. In a wiretap or multi-defendant conspiracy case that can mean thousands of pages and hundreds of hours of recordings. We review all of it, because the suppression motion or the cooperating witness’s inconsistency is usually buried in the details.
Rule 11(c) lets the prosecutor and defense lawyer negotiate an agreement to dismiss charges, recommend a sentence or guideline provision, or agree on a specific sentence that binds the court once accepted. The judge may not participate in those talks. A proffer session (or "Queen for a Day" agreement) is a highly risky meeting with prosecutors and agents that should never be done without an attorney. Under 18 U.S.C. § 3553(e), a government motion for substantial assistance is one of only two ways the court can go below a statutory minimum; the other is the safety valve in § 3553(f), covered below.
The Federal Sentencing Guidelines produce a recommended range based on the offense level and your criminal history category. Since United States v. Booker (2005), they are advisory rather than mandatory, but 18 U.S.C. § 3553(a) still requires the judge to consider the guideline range along with the nature of the offense, your history and characteristics, and the need to avoid unwarranted disparities. The court must impose a sentence "sufficient, but not greater than necessary." Most of the sentencing fight happens in objections to the presentence report before the hearing.
Under Federal Rule of Appellate Procedure 4(b), a defendant’s notice of appeal must be filed in the district court within 14 days after entry of the judgment. The district court may extend that time on a showing of excusable neglect or good cause, but only for up to 30 more days. Compare the 30-day state deadline on our appeals and PCR page. Miss the federal deadline and the appeal is usually gone.
Can you be charged in both systems? Yes. Under the "Dual Sovereignty" doctrine, the state government and the federal government are separate sovereigns, and you can be prosecuted by both for the same conduct without violating Double Jeopardy. For the state-court version of this process, read our Hattiesburg criminal defense page.
Federal Conspiracy Charges in Mississippi
Conspiracy is a favorite federal charge because it lets prosecutors charge everyone in a group for an agreement rather than proving what each person did. The general federal conspiracy statute, 18 U.S.C. § 371, applies when "two or more persons conspire either to commit any offense against the United States, or to defraud the United States," and "one or more of such persons do any act to effect the object of the conspiracy." That last requirement is the overt act. Under § 371 the government must prove that at least one member of the agreement took some step toward it, and the statute caps the sentence at five years unless the object offense is a misdemeanor, in which case the conspiracy cannot be punished more than the misdemeanor itself.
A conspiracy charge means you agreed with at least one other person to commit a federal crime, and you can be convicted even if the underlying crime was never completed. That is why the defense usually turns on the agreement itself: whether you actually joined it, whether you knew its unlawful purpose, or whether the government has simply lumped a buyer, a bystander, or a family member in with the people who ran the scheme. We build the case around what the evidence shows about your own agreement, not the group’s.
Drug conspiracies are charged under a different statute, 21 U.S.C. § 846, which is covered below. The Supreme Court held in United States v. Shabani (1994) that a § 846 drug conspiracy requires no overt act at all, so the government only has to prove the agreement. Fraud conspiracies, money laundering conspiracies, and gun conspiracies each have their own wrinkles, but the same defense questions apply: what was the agreement, who was in it, and what does the evidence actually show about you rather than the group?
Federal Drug Trafficking and Drug Conspiracy Cases
Federal drug distribution cases are charged under 21 U.S.C. § 841, which makes it unlawful "knowingly or intentionally" to "manufacture, distribute, or dispense, or possess with intent to manufacture, distribute, or dispense, a controlled substance." The penalty tiers in § 841(b) turn on the type and quantity of the drug, with separate thresholds for methamphetamine, cocaine, cocaine base, heroin, fentanyl, marijuana, and other substances, and higher tiers when a prior felony drug conviction is final or when death or serious bodily injury results. Because those numbers change the entire case, the first thing we examine is how the government arrived at its drug weight and whether the lab results, the scale, and the "mixture or substance" theory hold up.
Drug conspiracy is charged under 21 U.S.C. § 846, which provides that anyone who "attempts or conspires to commit any offense defined in this subchapter shall be subject to the same penalties as those prescribed for the offense" that was the object of the conspiracy. In practice, this means a person who never touched a kilogram can face the same statutory range as the person who did, based on the quantity the jury attributes to the agreement. Multi-defendant conspiracy indictments out of the Hattiesburg and Gulfport divisions can name many people, and the government relies heavily on cooperating co-defendants, controlled buys, and wiretaps. Can federal wiretaps be thrown out? Yes, if the government violated Title III wiretap laws or your Fourth Amendment rights, and we file the motion to suppress that forces the government to prove it exhausted standard investigative methods first.
Two other rules shape every federal drug case. First, under 18 U.S.C. § 3142(e)(3), when there is probable cause that you committed a Controlled Substances Act offense carrying a maximum of ten years or more, the law presumes that no conditions of release will assure your appearance and the community’s safety, and the defense must rebut that presumption at the detention hearing. Second, the "safety valve" in 18 U.S.C. § 3553(f) lets the court sentence under the guidelines without regard to a statutory minimum in a § 841 or § 846 case if you meet five conditions, including a limited criminal history, no violence or firearm in connection with the offense, no death or serious injury, no leadership role, and truthful disclosure to the government before sentencing. Whether you qualify is a question we analyze from the first meeting. For state-court drug charges, see our Mississippi drug crimes page.
Federal Gun, Fraud, and White Collar Charges
The most common federal gun charge is unlawful possession under 18 U.S.C. § 922(g). That statute makes it unlawful for certain categories of people to possess a firearm or ammunition that has moved in interstate commerce, including anyone "convicted in any court of, a crime punishable by imprisonment for a term exceeding one year," an "unlawful user of or addicted to any controlled substance," a person subject to a qualifying domestic violence protective order, and a person convicted of a misdemeanor crime of domestic violence. Many of these cases begin as a state arrest in a Mississippi county and are adopted by federal prosecutors later, so a person can go from a state charge to a federal indictment months after the traffic stop. Since the Supreme Court’s Bruen decision, the Fifth Circuit has been revisiting some of these prosecutions on Second Amendment grounds; see our post on Fifth Circuit gun rulings after Bruen. Mississippi’s own felon-in-possession and weapon statutes are covered on our state gun charges page.
Federal fraud cases are usually built on the wire fraud statute, 18 U.S.C. § 1343, which reaches anyone who, "having devised or intending to devise any scheme or artifice to defraud," transmits "by means of wire, radio, or television communication in interstate or foreign commerce" any writing, signal, or sound "for the purpose of executing such scheme." Every email, text, bank transfer, and phone call can be a separate count, and the statute carries a maximum of 20 years, rising to 30 years when the fraud affects a financial institution or involves disaster relief benefits. Health care fraud, PPP and disaster loan fraud, tax cases investigated by IRS-CI, and public corruption cases follow a similar pattern: a long paper investigation, grand jury subpoenas to banks and employers, and an indictment that pairs the substantive counts with a § 371 conspiracy count.
White collar defense is document work. We trace the money, retain forensic accountants when the case calls for it, and push back on the government’s loss figure, because the loss amount the government claims shapes the sentencing exposure in a fraud case. Where the facts support it, the defense is that there was no intent to defraud at all: a failed business, a bookkeeping mistake, or a dispute over a contract is not a federal crime. Tom Fortner has defended multi-defendant drug conspiracy cases, white collar fraud, and firearm allegations in federal court.
What the CJA Panel Appointment Means
The Criminal Justice Act, 18 U.S.C. § 3006A, requires every federal district court to operate a plan "for furnishing representation for any person financially unable to obtain adequate representation." Under that statute, appointed counsel "shall be selected from a panel of attorneys designated or approved by the court," and "private attorneys shall be appointed in a substantial proportion of the cases." In other words, the CJA panel is the list of private lawyers the federal court has designated or approved to defend people charged with federal crimes. Panel representation runs "from his initial appearance before the United States magistrate judge or the court through appeal."
Three of our attorneys, A. Arman Miri, Tom Fortner, and Valorie Cochran, serve on the CJA panel for the U.S. District Court for the Southern District of Mississippi. Arman also serves on the CJA appellate panel for the U.S. Court of Appeals for the Fifth Circuit, which appoints him to handle federal criminal appeals. Arman is a defender in both the state and federal systems: he serves as the City of Hattiesburg Public Defender, served as Pearl River County Public Defender from 2019 to 2022, and has tried federal cases to verdict. When you hire us privately, you get the same lawyers the federal courts choose when they appoint counsel, and the same day-to-day experience with federal procedure, from the first appearance before the magistrate judge through sentencing.
Do you need a lawyer who specifically handles federal cases? Yes. Federal court runs on the Federal Rules of Evidence and the Sentencing Guidelines, and the guideline calculation, the detention hearing, and the plea negotiation each have their own rules, so choose a lawyer who is admitted there and works in that system regularly. Payment plans are available for criminal cases.
Federal Appeals to the Fifth Circuit
A federal conviction or sentence from either Mississippi district is appealed to the U.S. Court of Appeals for the Fifth Circuit, which under 28 U.S.C. § 41 covers Louisiana, Mississippi, and Texas. The clock is short. Federal Rule of Appellate Procedure 4(b)(1)(A) requires the defendant’s notice of appeal to be filed in the district court "within 14 days after" the entry of the judgment or order being appealed. If you filed a timely motion for judgment of acquittal, a new trial, or arrest of judgment, the 14 days run from the order deciding the last of those motions. The district court can extend the deadline for excusable neglect or good cause, but not beyond 30 days past the original deadline.
If your plea agreement contains an appellate waiver, whether that waiver actually blocks a particular sentencing challenge is a live question. Arman has written about the Supreme Court’s decision in Hunter v. United States and what it means for defendants who signed a waiver but still want to appeal a sentence. Beyond direct appeal, a federal prisoner may seek post-conviction relief through a motion under 28 U.S.C. § 2255, and a state prisoner through a § 2254 habeas petition after exhausting state remedies. The CJA authorizes appointment of counsel for those proceedings when the interests of justice require it. Our appeals and post-conviction page covers both routes.
Because Arman sits on the Fifth Circuit’s CJA appellate panel, the court itself assigns him federal criminal appeals. That means briefing and oral argument before the Fifth Circuit are part of our regular work, not an occasional referral. If you have already been sentenced in federal court and the 14 days are running, call (601) 582-5015 today.
Our Federal Defense Team
Three attorneys on the Southern District of Mississippi CJA panel, and one on the Fifth Circuit CJA appellate panel. Tom Fortner and Arman Miri are admitted in both the Northern and Southern Districts of Mississippi.
Thomas (Tom) Fortner
Arman Miri
Valorie G. Cochran
Related Defense Practices
State Criminal Defense
Trial advocacy for Mississippi circuit court felony charges.
Appellate & Federal Habeas
Challenging convictions via 2254 and 2255 federal petitions.
5th Circuit Gun Rulings After Bruen
How Fifth Circuit Second Amendment rulings affect some federal gun cases.
Hunter v. United States: Appellate Waivers
When defendants can appeal a sentence despite signing an appellate waiver.
Hattiesburg Criminal Defense
Which local court hears your case and what follows an arrest in Hattiesburg.
Arrest to Indictment Timeline
How the Mississippi state felony process compares to the federal one.
Drug Crime Defense
Possession, distribution, and trafficking charges in Mississippi state court.
Gun Charges
Mississippi felon-in-possession and weapon statutes on the state side.
State homicide charges, capital sentencing, and the federal murder-for-hire cases we have tried.
Frequently Asked Questions About Mississippi Federal Law & Sentencing
Plain answers about the United States District Courts in Mississippi.
How is a federal criminal charge different from a state charge?
Federal charges involve violations of United States laws, crimes committed across state lines, or crimes on federal property. They are prosecuted by the U.S. Attorney's Office, investigated by agencies like the FBI or DEA, and generally carry much harsher mandatory minimum sentences than state crimes.
What are the Federal Sentencing Guidelines?
The Federal Sentencing Guidelines are a highly complex, uniform point scale that produces a recommended sentencing range based on the specific "offense level" and the defendant's prior "criminal history category." Since United States v. Booker (2005), the Guidelines are advisory rather than mandatory, but federal judges must still calculate and consider the range at every sentencing.
Can I get parole in the federal prison system?
No. The federal government abolished parole for offenses committed on or after November 1, 1987. If you are sentenced to federal prison, you generally serve about 85% or more of your term, with reductions limited to good conduct time and, for eligible inmates, First Step Act earned time credits.
What is a federal grand jury indictment?
An indictment is a formal accusation. A federal prosecutor presents evidence to a grand jury (in secret), and if the grand jury believes there is probable cause that a federal crime was committed, they issue a "True Bill" (the indictment), leading to an arrest warrant.
What should I do if federal agents come to my house with a search warrant?
You must allow them to execute the search, but do not answer any questions. State clearly, "I will not answer any questions without my attorney present." Do not consent to them searching areas outside the scope of the warrant, and call a federal defense lawyer immediately.
What does it mean to be a "target" of a federal investigation?
If you receive a "target letter" from the U.S. Attorney, it means prosecutors have gathered substantial evidence linking you to a crime, and they fully intend to seek an indictment against you. You need immediate legal representation before speaking to anyone.
How long does a federal criminal investigation take?
Unlike local police who make arrests immediately at a scene, federal agencies often investigate quietly for months or even years. They use wiretaps, financial audits, confidential informants, and grand jury subpoenas before ever making an arrest.
What is a federal proffer session?
A proffer session (or "Queen for a Day" agreement) is a highly risky meeting where you answer questions from federal prosecutors and agents in exchange for a limited promise that those statements won't be used directly against you. It should never be done without an attorney.
Can I be charged in both state and federal court for the exact same crime?
Yes. Under the "Dual Sovereignty" doctrine of the Constitution, the state government and the federal government are considered separate sovereigns. You can be prosecuted and punished by both for the exact same conduct without violating Double Jeopardy protections.
What are federal mandatory minimum sentences?
Mandatory minimums are strict statutory requirements that force a federal judge to impose a specific minimum prison sentence (e.g., 5, 10, or 20 years) if you are convicted of certain crimes, primarily high-level drug trafficking, firearms offenses, or child pornography.
How does bail work in the federal court system?
The federal system does not use traditional cash bail bondsmen. After arrest, you appear before a magistrate judge, and if the government seeks detention, the court holds a detention hearing under the Bail Reform Act. You can be held without bond only if the judge finds that no conditions will reasonably assure your appearance or the safety of the community; if released, you are supervised by Pretrial Services.
What is a federal detention hearing?
A detention hearing is the hearing where a federal magistrate judge decides whether you will be released before trial or held in custody. Under 18 U.S.C. § 3142(f), the hearing is held immediately at your first appearance unless you or the government asks for a short continuance, and you have the right to counsel, to testify, to present witnesses, and to cross-examine the government's witnesses. The judge can order detention only after finding that no condition or combination of conditions will reasonably assure your appearance and the safety of the community, and a finding about danger must be supported by clear and convincing evidence. In some drug and gun cases the statute creates a presumption in favor of detention that the defense must rebut, so preparation before that first hearing matters.
What is a federal conspiracy charge?
A conspiracy charge (often under 18 U.S.C. § 371 or 21 U.S.C. § 846) means you agreed with at least one other person to commit a federal crime, and you can be convicted even if the underlying crime was never completed. A general conspiracy under 18 U.S.C. § 371 also requires that one conspirator took an "overt act" toward the crime, while drug conspiracies under 21 U.S.C. § 846 require no overt act at all.
Can federal wiretaps and digital surveillance be thrown out of court?
Yes, if the government violated Title III wiretap laws or your Fourth Amendment rights. A skilled defense attorney will file a Motion to Suppress, demanding the government prove they exhausted standard investigative methods before resorting to invasive wiretaps.
Why do federal prosecutors have such high conviction rates?
The federal government possesses nearly unlimited resources, elite investigative agencies (FBI, IRS), and the leverage of harsh mandatory minimum sentences to force plea deals. They generally do not indict cases they do not believe they can easily win.
Do I need a lawyer who specifically handles federal cases?
Yes. Federal court uses its own rules of evidence, its own sentencing guidelines, and its own detention and plea procedures, so choose a lawyer who is admitted there and works in that system regularly.
Which federal court hears cases from Hattiesburg and the Pine Belt?
Federal cases from Hattiesburg are heard in the Eastern Division of the U.S. District Court for the Southern District of Mississippi, which holds court in Hattiesburg. Under 28 U.S.C. § 104, that division covers Forrest, Lamar, Jones, Perry, Marion, Covington, Jefferson Davis, Lawrence, Jasper, Clarke, Wayne, and Walthall Counties. The Southern District also holds court in Jackson, Gulfport, and Natchez, and cases from north Mississippi go to the Northern District, which holds court in Aberdeen, Oxford, and Greenville among other locations. Appeals from both districts go to the U.S. Court of Appeals for the Fifth Circuit.
Are your attorneys admitted to practice in the Southern District of Mississippi?
Yes. Federal criminal cases from south Mississippi are tried in the U.S. District Court for the Southern District of Mississippi, and our attorneys are admitted there and before the U.S. Court of Appeals for the Fifth Circuit. Three of our attorneys, A. Arman Miri, Tom Fortner, and Valorie Cochran, serve on that district court's Criminal Justice Act (CJA) panel, and Arman also serves on the CJA appellate panel for the Fifth Circuit. That means the federal courts themselves appoint our lawyers to defend federal cases and appeals.