What Is the Possible Sentencing for Conspiracy?
We hear the term conspiracy all the time. Rarely is there a crime drama where a conspiracy charge isn’t filed or threatened; or where there is sentencing for conspiracy. In fact, recently the Democratic National Committee filed a lawsuit alleging that the Trump presidential campaign, Russia, Wikileaks, and Trump’s son and son-in-law engaged in a…
Continue Reading What Is the Possible Sentencing for Conspiracy?Requirement of Consideration for Appeal Waivers
Plea deals may seem like the most opportune way for a criminal defendant to avoid having to serve the maximum sentence that he could receive for his offenses. However, the government typically has the upper hand in this situation and requires that the defendant relinquish his right to appeal the sentence. In United States v.…
Continue Reading Requirement of Consideration for Appeal WaiversFair Sentencing Act of 2010: Retroactivity FAQs
With the passage of the First Step Act of 2018, there’s a whole lot of people, both in and out of prison, that have kicked their hustle game into high gear. But this can be very dangerous, particularly when the individual giving “advice” does not know what they are talking about. That is on top…
Fair Sentencing Act of 2010: Retroactivity FAQs - Learn MoreA 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…
Continue Reading A Rare Win for Habeas Corpus PetitionerRequirement 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…
Continue Reading Requirement to Explain Sentencing ModificationsSupervised 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…
Continue Reading Supervised Release Term Appeal Potentially Goes AwryChallenging Waivers of Right to a Jury Trial
Federal courts are obligated to err 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 States…
Continue Reading Challenging Waivers of Right to a Jury TrialThe 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…
Continue Reading The Amy, Vicky, and Andy Child Pornography Victim Assistance Act of 2018First Step Act: A Comprehensive Analysis
On December 21, 2018, the President signed into law the bipartisan First Step Act of 2018. The Law Office of Brandon Sample has assembled this detailed analysis of the First Step Act to help the public understand the ins and outs of the bill. If you are looking for a quick answer to your…
Continue Reading First Step Act: A Comprehensive AnalysisFirst 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…
Continue Reading First Step Act Passes SenateDomestic 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…
Continue Reading Domestic Terrorism: Sentencing Appeal in the Infamous D.C. Sniper CasePennsylvania’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…
Continue Reading Pennsylvania’s Sentencing Guidelines: A Review and HistoryProposed 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…
Continue Reading Proposed Amendments to the Sentencing Guidelines PublishedSupreme Court Case Roundup: Recent Criminal Cases
In this week’s roundup, we’re going to take a look at the current state of the United States Supreme Court calendar, and get quick summaries of all of the criminal cases that are before the Court this term. But, before diving into the cases, here’s a little background on how the Court administers its cases.…
Continue Reading Supreme Court Case Roundup: Recent Criminal CasesFirst Step Act: There Will be a Vote
We have been covering the historic criminal justice reform bill called the FIRST STEP Act for some time now, and some big news just happened this week. On Tuesday, Senator Mitch McConnell of Kentucky changed course and said that the Senate would vote on the FIRST STEP Act before the end of the year. Over…
Continue Reading First Step Act: There Will be a Vote