Until 1879, the federal courts lacked appellate jurisdiction over criminal cases (with the minor exception created by Section 6 of the Judiciary Act of 1802, which allowed the district judge and the Supreme Court justice holding a circuit court to certify a division of opinion to the Supreme Court in both civil and criminal cases). That year, Congress granted the circuit courts appellate jurisdiction from the district courts for cases in which the penalty was imprisonment or a fine of more than $300. In 1889, Congress took a larger step, providing for appeals from the circuit courts to the Supreme Court in capital cases in which the defendant had been convicted and sentenced to death.

See also:

Appellate Jurisdiction