Ellingburg v. United States: Federal Restitution Is Criminal Punishment
A unanimous Court held that restitution under the Mandatory Victims Restitution Act is criminal punishment for purposes of the Ex Post Facto Clause.
Brandon Sample
Federal criminal defense lawyer, founder of Criminal Center, author, and criminal justice reform advocate.
About Brandon Sample
Brandon Sample is a federal criminal defense lawyer and the founder of Criminal Center. He is admitted to practice before the U.S. Supreme Court, twelve federal courts of appeals, and twenty federal district courts. He has also handled federal cases in courts across the country.
In 2013 he formed Prisology, a national nonprofit that works on criminal justice reform. In 2014 he testified before the U.S. Sentencing Commission, asking it to apply a cut in drug sentencing ranges to people already in prison. He has written two books, articles for Prison Legal News and the Huffington Post, and a column for Criminal Legal News.
Books
All book details
The Habeas Citebook: Ineffective Assistance of CounselFirst published in 2010. A second edition, co-authored with Alissa Hull, was published by Prison Legal News in 2016.
Pardons and Commutations of Sentences: The Complete Guidebook to Applying for ClemencyCo-authored with David L. Mathis. Published by Prisology Press in 2019.
In the news
All coverageBernard Madoff: compassionate release
Judge Denny Chin denied the motion on June 4, 2020. Madoff died in federal prison on April 14, 2021.
NPR · April 14, 2021: Bernie Madoff, Financier Behind Notorious Ponzi Scheme, Dies At 82
Ross Ulbricht: prison lawsuit and pardon coverage
President Trump gave Ulbricht a full pardon on January 21, 2025. News coverage of the pardon quotes Brandon Sample as Ulbricht’s attorney.
The Independent (via Yahoo News) · January 24, 2025: Silk Road founder pardoned by Trump 11 years into double life sentences lauds president as ‘a man of his word’
Joe Exotic: pardon request and appeal
Brandon Sample argued Joe Exotic’s direct appeal in the Tenth Circuit. On July 14, 2021, the court upheld the conviction, vacated the sentence and ordered a new sentencing. Other lawyers handled the later proceedings.
Associated Press (via KSAT) · July 14, 2021: Court orders shorter sentence for ‘Tiger King’ Joe Exotic
Outcomes vary. A past result does not predict or guarantee the outcome of any other case.
Where his work has been mentioned
- HuffPost
- SiriusXM
- New York Daily News
- The Marshall Project
- Criminal Legal News
- Insider
- Blog Talk Radio
- Bloomberg
- Prison Legal News
Latest news
All newsBiden Administration to Ramp Up Clemency
A May 2021 article on federal clemency under President Biden: what pardons and commutations are, the petition backlog, and what was expected then.
Health Care Fraud and Abuse: A Primer
A plain guide to the federal health care fraud laws: 18 U.S.C. § 1347, the Anti-Kickback Statute, the Stark Law, and the False Claims Act.
Articles by Brandon Sample on federal criminal law
All articles- The Federal Appeal Process: What You Need to KnowHow a federal criminal appeal works: the 14-day deadline to file, what the appeals court reviews, how long it takes, and what can happen next.
- Federal Drug Trafficking Penalties: The BasicsThe basics of federal drug trafficking penalties under 21 U.S.C. § 841: drug amounts, mandatory minimums, maximum sentences, and fines.
- Federal Fraud ChargesAn overview of the main federal fraud statutes, their penalties, and notable cases from 2016 to 2019, with updates on how some of them turned out.
- Are Sex Offender Registries Unconstitutional?How courts have ruled on challenges to sex offender registries, from Smith v. Doe to Millard v. Rankin, and what federal registration law requires.
- Health Care Fraud and Abuse: A PrimerA plain guide to the federal health care fraud laws: 18 U.S.C. § 1347, the Anti-Kickback Statute, the Stark Law, and the False Claims Act.
- What Is Money Laundering?How federal money laundering law works under 18 U.S.C. §§ 1956 and 1957, the penalties, cash reporting rules, and key Supreme Court cases.
- Trespassing in Cyberspace: The Law of Federal CybercrimeHow federal law treats hacking and online crime, from the Computer Fraud and Abuse Act to wire fraud and identity theft, with a look at Celebgate.
- COVID-19 in PrisonsA dated snapshot of COVID-19 cases and deaths in state and federal prisons as of July 14, 2020, with links to current BOP information.
Federal charges explained
Charged with a federal crime? Choose the charge below to see what it means, what the government has to prove, and what penalties apply.
Federal crimes: an overview of the common federal charges
- Federal Arson Crimes
- Federal Bank Robbery
- Federal CCE & RICO
- Federal Child Pornography
- Federal Cyber Crimes
- Federal Drug Conspiracy
- Federal Drug Crimes
- Federal Embezzlement & Employee Theft
- Federal Firearm Crimes
- Federal Fraud Conspiracy
- Federal Healthcare Fraud
- Federal Identity Theft
- Federal Immigration Crimes
- Federal Insurance Fraud
- Federal Juvenile Crimes
- Federal Mail Fraud
- Federal Mortgage & Bank Fraud
- Federal Tax Fraud
- Federal White Collar Crime
- Federal Wire Fraud
Need a federal criminal defense lawyer?
Brandon Sample practices at Criminal Center, a federal criminal defense firm. To talk about a case, contact Criminal Center.
Contact does not create an attorney-client relationship.
Attorney advertising.
Unsolicited information may not be confidential.
Media inquiries
Reporters can email media@brandonsample.com.