Case results, federal law changes, BOP policy and court decisions from Brandon Sample, plus his earlier articles on federal criminal law.
Ninth Circuit Enforces Plea Appeal Waiver in Mohamed
In United States v. Mohamed, the Ninth Circuit enforced a broad plea appeal waiver and dismissed an appeal from the denial of a motion to withdraw a guilty plea.
Fifth Circuit Upholds a 21-Month Illegal-Reentry Sentence
In United States v. Hernandez-Vargas, the Fifth Circuit affirmed a 21-month § 1326 sentence that was above the advisory guideline range.
Eleventh Circuit Affirms a Wire-Fraud Sentence
In United States v. Lubin, the Eleventh Circuit affirmed a 60-month wire-fraud sentence after a substantial-assistance departure.
Sixth Circuit Rejects a Facial Attack on § 922(g)(4)
In United States v. Laykovich, a facial challenge to the mental-adjudication gun ban failed, and the Sixth Circuit affirmed a 48-month sentence.
Sixth Circuit Vacates a Mid-Trial Indictment Change
In United States v. Johnson, the Sixth Circuit vacated a drug count after the trial court changed the indictment from crack cocaine to powder.
Hemani Didn't Revive Facial Attacks on § 922(g)(3)
The Ninth Circuit held its facial ruling on the drug-user gun ban survives Hemani, and that a one-sentence as-applied argument was waived.
A One-Line Objection at Sentencing Preserved Nothing
In United States v. Williams, the Tenth Circuit would not review claims about a sentence's explanation because the only objection was a general one.
Time on a Federal Writ: Put the Credit in the Plea Deal
In United States v. Roberts, 21 months held on a federal writ went uncredited, and the Tenth Circuit enforced the appeal waiver. Why the plea terms matter.
DOJ Fraud Division Memo Calls for Early Asset Seizures and Tougher Sentencing
Directive 26-13 tells DOJ fraud prosecutors to freeze assets before charges, weigh tax charges, seek detention and push harder at sentencing.
Herrera-Salazar v. United States: Two Justices Question Repeat Illegal Reentry Charges
Two Justices warned that charging a man twice for being "found in" the U.S., when he was barred from leaving, raises double jeopardy problems.
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.
How a Federal Pardon Differs From a Commutation
How a federal pardon differs from a commutation, when to petition the Pardon Attorney, and what a pardon does not erase.
Health Care Fraud and Abuse Explained
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: July 2020
A July 2020 snapshot of COVID-19 in federal prisons, plus later changes to CARES Act home confinement and compassionate release.
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: Statutes and Sentences
The basics of federal drug trafficking penalties under 21 U.S.C. § 841: drug amounts, mandatory minimums, maximum sentences, and fines.
2020Legal guides
How Federal Money Laundering Charges Work
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
Sex Offender Registries and the Constitution
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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