Case results, federal law changes, BOP policy and court decisions from Brandon Sample, plus his earlier articles on federal criminal law.
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.
Biden 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.
July 2020BOP policy
COVID-19 in Prisons
A dated snapshot of COVID-19 cases and deaths in state and federal prisons as of July 14, 2020, with links to current BOP information.
2020Legal guides
The Federal Appeal Process: What You Need to Know
How 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.
2020Legal guides
Federal Drug Trafficking Penalties: The Basics
The basics of federal drug trafficking penalties under 21 U.S.C. § 841: drug amounts, mandatory minimums, maximum sentences, and fines.
2020Legal guides
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.
Federal Fraud Charges
An 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.
Early 2018Court decisions
Trespassing in Cyberspace: The Law of Federal Cybercrime
How 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.
Late 2017Court decisions
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.
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