Frequently asked questions

Brandon Sample handles federal criminal cases from the investigation through trial, sentencing, appeal, and life in federal prison. That includes 2255 motions, sentence reductions, compassionate release motions, federal pardon and commutation petitions, treaty transfer requests, and requests to change supervised release conditions or end supervised release early. He handles federal cases only.

Criminal Center handles federal cases nationwide, and only federal cases. It takes cases from across the country. He does not handle state court cases.

No. Brandon Sample’s practice is limited to federal courts and federal agencies, so he handles federal cases only.

Brandon Sample is admitted to practice law only in Vermont, and his practice is limited to federal courts and federal agencies. He also is admitted to practice before the U.S. Supreme Court, twelve federal courts of appeals, and twenty federal district courts. The full list is on his About page.

Criminal Center’s office is at 1701 Pennsylvania Ave NW # 200, Washington, DC 20006. Brandon Sample practices federal criminal law nationwide from that office.

There may still be options. Depending on the case, they can include a 2255 motion (28 U.S.C. § 2255), a sentence reduction when the U.S. Sentencing Commission lowers a guideline range (18 U.S.C. § 3582(c)(2)), a compassionate release motion (18 U.S.C. § 3582(c)(1)(A)), or a petition for a pardon or commutation (U.S. Const. art. II, § 2, cl. 1). Each has its own rules, and none is guaranteed.

Yes, some. He handles prisoner civil rights cases, inmate abuse and neglect claims, wrongful death, inmate accident compensation claims, and Federal Tort Claims Act claims. He also handles cases under the Religious Freedom Restoration Act, the Religious Land Use and Institutionalized Persons Act, the Freedom of Information Act, and the Administrative Procedure Act.

He wrote The Habeas Citebook: Ineffective Assistance of Counsel, first published in 2010; a second edition, co-authored with Alissa Hull, was published by Prison Legal News in 2016. He co-authored Pardons and Commutations of Sentences: The Complete Guidebook to Applying for Clemency with David L. Mathis (Prisology Press, 2019). He has also written articles for Prison Legal News and the Huffington Post, and a column for Criminal Legal News.

We’ll contact you to set a time. Then you’ll talk with Brandon Sample about the federal case or the federal prison problem. You don’t need to know the legal terms; tell us what happened in your own words.

Send the short form on our consultation page, and we’ll contact you to set a time. Questions? 202-990-2500 or help@criminalcenter.com.

The consultation is a one-hour meeting. We go over what has happened in the case so far, answer your questions, and explain your options in plain words. You decide whether to go forward.

Bring what you have, and don’t worry if you don’t have everything. Helpful papers include the court and case number, the judgment (the court’s written order stating the sentence), and the presentence report (PSR) if you have access to it. If the person is in federal custody, have their Bureau of Prisons (BOP) register number, and recent BOP medical records if health is part of the problem.

No. Contact does not create an attorney-client relationship. Unsolicited information may not be confidential, so when you first reach out, tell us briefly what is going on.

Yes. If someone you love is under investigation, charged, or already in federal prison, you can book a consultation. We can talk with family members, but we need the client’s permission before we share details about the case.

Don’t discuss the facts of the case on prison phones. Federal prisons can monitor inmate calls (28 C.F.R. § 540.102). Treat prison email (TRULINCS) the same way.

Use the Federal Bureau of Prisons inmate locator at bop.gov/inmateloc. You can search by the person’s BOP register number or by name. It lists people in federal custody, not people in state prisons or local jails.

Talk to a lawyer before you talk to agents. If federal agents are investigating you or you have been charged, a lawyer can explain the charges, the evidence, and your choices.

Usually 14 days. In a criminal case, the defendant’s notice of appeal is usually due 14 days after the judgment is entered (Fed. R. App. P. 4(b)(1)(A)). If you miss the deadline, you can lose the appeal.

A 2255 motion asks the judge who sentenced you to throw out or correct the sentence because something went wrong, such as a sentence imposed in violation of the Constitution or federal law (28 U.S.C. § 2255(a)). A common example is a claim that the defense lawyer’s work fell below what the Constitution requires (Strickland v. Washington, 466 U.S. 668 (1984)).

Possibly, but not always. A 2255 motion usually must be filed within one year after the conviction becomes final (28 U.S.C. § 2255(f)(1)). The year can start later in a few situations, such as when the Supreme Court recognizes a new right that applies to past cases, or when the facts behind the claim could not have been found earlier (28 U.S.C. § 2255(f)(3)–(4)).

The judge must first calculate the range under the U.S. Sentencing Guidelines (Gall v. United States, 552 U.S. 38 (2007)). The guidelines are advisory, so the judge then weighs the factors in 18 U.S.C. § 3553(a), such as the person’s history and the details of the offense (United States v. Booker, 543 U.S. 220 (2005)). A lawyer can challenge errors in the calculation and give the judge reasons for a lower sentence.

Sometimes. When the U.S. Sentencing Commission lowers a guideline range and makes the change retroactive, a judge may reduce a sentence that was based on the old range (18 U.S.C. § 3582(c)(2); USSG § 1B1.10). For example, Amendment 782 lowered many drug guideline ranges, and Amendment 788 made it apply to people already in prison, effective November 1, 2014.

Compassionate release asks a federal judge to shorten a prison sentence for “extraordinary and compelling reasons,” such as serious illness or old age (18 U.S.C. § 3582(c)(1)(A); USSG § 1B1.13(b)). The prisoner usually asks the warden first, then can go to court once the BOP appeal process is finished or 30 days after the warden gets the request, whichever comes first. The judge decides, and there is no guarantee.

A pardon is official forgiveness of a federal crime; it does not erase the conviction, but it can remove some legal limits that come with it (Office of the Pardon Attorney, justice.gov/pardon). A commutation shortens a sentence someone is serving now. Both come from the President (U.S. Const. art. II, § 2, cl. 1), and petitions go to the Office of the Pardon Attorney at the Department of Justice (28 C.F.R. § 1.1).

No. Criminal Center handles federal clemency only. The President’s pardon power covers federal crimes only (U.S. Const. art. II, § 2, cl. 1).