A Rare Win for Habeas Corpus Petitioner
Habeas corpus, otherwise known as the Great Writ, is a way for the defendant to challenge his detention by the government as unlawful. Given that courts so rarely grant writs of habeas corpus, the petition is sometimes considered a last-ditch strategy to avoid serving a prison sentence. In fact, courts have issued habeas corpus writs…
Requirement to Explain Sentencing Modifications
Sentencing modifications are typically good news for a criminal defendant. In fact, it seems odd that a defendant would appeal a reduction in his prison sentence. However, if a defendant receives a reduction that is less than what he thinks he is entitled to, he may try to challenge the judge’s decision, especially if the…
Supervised Release Term Appeal Potentially Goes Awry
One of the key strategic decisions in deciding whether to appeal a criminal sentence is whether there is a possibility to receive an even harsher sentence. In the case of United States v. Lopez-Pastrana, the First Circuit Court of Appeals overturned a supervised release term that was imposed on a defendant who was not actually sentenced…
Challenging Waivers of Right to a Jury Trial
Federal courts are obligated to error on the finding that a constitutional right has not been waived in a criminal case. This is true for a defendant’s right to a jury trial. What is ordinarily a mundane issue of federal criminal procedure recently ended up generating an overturned conviction in a fraud case. In United…
The Amy, Vicky, and Andy Child Pornography Victim Assistance Act of 2018
What is the Amy, Vicky, and Andy Child Pornography Victim Assistance Act of 2018? President Trump recently signed into law the Amy, Vicky, and Andy Child Pornography Victim Assistance Act of 2018 (“AVAA”). The AVAA is named after some of the victims of child pornography who were among the most widely disseminated images identified by…
The First Step Act Bill Summary Explained : A Comprehensive Analysis
The First Step Act 2018 Bill Summary: On December 21, 2018, the President signed into law The First Step Act 2018, a bipartisan effort to reform the federal criminal justice system. The Law Office of Brandon Sample has assembled this detailed analysis of the First Step Act 2018 to help the public understand the ins…
First Step Act Passes Senate
I am pleased to report that the First Step Act has passed the U.S. Senate. The legislation faced a last minute test from three amendments posed by Senators Tom Cotton (R-AR) and John Kennedy (R-AL). But ultimately, the Senate voted down each of the proposed amendments on a bipartisan basis. The first amendment was voted…
Domestic Terrorism: Sentencing Appeal in the Infamous D.C. Sniper Case
April brought us the bomber who terrorized Austin, Texas, for two weeks with random mail-bomb attacks. That type of domestic terrorism, however, is nothing new. Domestic Terrorism: The D.C. Sniper Case in 2002 Rewind to October 2002 in the Maryland-D.C.-Virginia area. As you may recall, the so-called D.C. Sniper terrorized that entire region for three…
Pennsylvania’s Sentencing Guidelines: A Review and History
“These mandatory minimum sentences are perhaps a good example of the law of unintended consequences . . . “ – U.S. Supreme Court Chief Justice William Rehnquist The Objective of Mandatory Minimums – A Double-Edged Sword While it is unclear whether former Chief Justice Rehnquist was referring to all mandatory minimum sentences as a policy…
Proposed Amendments to the Sentencing Guidelines Published
On December 13, 2018, the United States Sentencing Commission published a “reader friendly” version of the proposed amendments to the federal sentencing guidelines. The public comment period for the proposed amendments will run through February 19, 2019. The reply period will officially close on March 15, 2019. The proposed amendments include the following major categories…