Brandon Sample Attorney Reviews
Allen Walker - 2255 Motion Appeals Court Win
Allen Walker hired Brandon Sample when it seemed like hope for his appeal was lost. Allen originally appealed the denial of his 2255 motion without the help of a lawyer. The U.S. Court of Appeals for the Sixth Circuit refused to issue a certificate of appealability (COA), which is essentially permission to appeal. With very little time remaining, Allen hired Brandon to ask the appeals court to reconsider. Brandon accepted Allen's case and the court granted Brandon's motion for rehearing and issued a COA. After further briefing in the appeal, the appeals court agreed to send Allen's case back to the lower court for further proceedings.
It is very rare for a defendant to be granted rehearing after an appeal has already been decided adversely. It was Brandon's great pleasure to assist Allen in restoring his ability to further fight for 2255 relief.
CHERYL WALLER - COMPASSIONATE RELEASE MOTION GRANTED
Cheryl Waller hired Brandon Sample to assist her in applying for compassionate release. Cheryl's health began to deteriorate after beginning her federal sentence.
Brandon's office prepared a thorough motion arguing why Cheryl's sentence should be reduced under 18 U.S.C. § 3582(c)(1)(A) on compassionate release grounds.
After considering the arguments by Brandon's office, the Court agreed to reduce Cheryl's sentence in half. Cheryl will now be going home very soon. A copy of the judge's order can be access here: Cheryl Waller Compassionate Release Order.
KARL BELL - TWO LIFE SENTENCES REDUCED!
Karl Bell hired Brandon Sample to assist him in challenging his two life sentences under the First Step Act of 2018.
Brandon prepared a comprehensive motion addressing the facts of Karl's case and the law in support of a sentence reduction. The Government initially opposed any relief for Karl, but after Brandon spoke with the prosecutor the Government changed its position.
The judge scheduled a hearing on Karl's motion and Brandon argued in favor of relief. The Court granted the motion Brandon prepared and reduced Karl's TWO life sentences to 370 months. And be sure to check out Karl's review of Brandon's handling of his case.
ANTHONY ACCURSO - BOP SETTLES RELIGIOUS FREEDOM LAWSUIT
Anthony Accurso hired Brandon Sample to assist him in challenging the BOP's refusal to accommodate him with a zafu and zabuton, a meditation cushion and mat used in Buddhism.
The BOP fought the lawsuit, but after the court denied the BOP's initial motion to transfer or dismiss the case, the parties began settlement discussions.
After months of negotiating, the BOP agreed provide Accurso with access a zafu and zabuton in his cell for religious meditation purposes. In addition, the BOP agreed to pay $25,000 in attorney's and costs.
A copy of the settlement agreement can be obtained here. Anthony Accurso RFRA settlement.
LAWRENCE HERRING - 2255 APPEALS COURT WIN!
Lawrence Herring hired attorney Brandon Sample to help him appeal the denial of his 28 U.S.C. § 2255 motion. Attorneys Brandon Sample and Zachary Newland worked on Lawrence's appeal.
At issue in the case was whether the lower court had erred in denying 2255 relief without an evidentiary hearing. Herring sought 2255 relief on the basis that his lawyer failed to adequately consult with him about an appeal. Instead of advising Herring about the advantages and disadvantages of an appeal, Herring asserted that his lawyer told him that he did not do appellate work and should go and see another lawyer if he wanted to appeal.
The U.S. Court of Appeals, in a 14 page published opinion, held that the lower court erred in not holding a hearing on a Lawrence's 2255 motion. "Trial attorneys cannot outsource their constitutional obligation to advise their clients about filing an appeal nor their duty to make a reasonable effort to discover their clients’ wishes," the appeals court held.
It is very difficult to win 2255 motions, much less an appeal from the denial of a 2255 motion.
Check out Lawrence's review of the Firm's handling of his case.
DAVID MILES - 65 MONTH SENTENCE REDUCTION GRANTED
David Miles hired the Law Office of Brandon Sample to assist him in applying for a sentence reduction under the First Step Act of 2018. Attorney Zachary Newland had primary responsibility for David's case.
The Firm prepared a comprehensive motion arguing for a below Guidelines sentence in David's case. The Government opposed David's motion.
The Court agreed with the Firm's arguments and granted David's motion. David's sentence was reduced 65 months, a little more than five years. You can read a copy of the judge's order here: David Miles sentence reduction order. You can also check out David's review of the Firm's handling of his case here: David Miles client review.
DEMETRIS BLOCKER - TIME SERVED GRANTED
Demetris Blocker hired Brandon Sample to assist him in applying for a sentence reduction. Demetris had been in federal prison for approximately 14 years when he found Brandon.
The government strongly opposed Demetris' entitlement to relief. But Brandon fought hard for Demetris and in the end the judge agreed that Demetris's sentence should be reduced.
The Court granted the motion Brandon prepared and reduced Demetris' sentence to TIME SERVED. You can read a copy of the judge's order here: Blocker sentence reduction order. And be sure to check out Demetris' review of Brandon's handling of his case.
DAVID LEE - LIFE SENTENCE REDUCED
David Lee hired the Law Office of Brandon Sample to assist him in obtaining relief from his life sentence under the First Step Act of 2018. Attorney Zachary Newland handled David's case.
The prosecutor was not opposed to the Court giving David a sentence reduction, but was only willing to recommend that David's sentence be reduced to 262 months. Zach, however, argued aggressively in favor of a larger sentence reduction.
Ultimately, the Court agreed with Zach's arguments and reduced David's sentence to 210 months from LIFE. You can read a copy of the judge's order here: Order Reducing David's sentence. And be sure to check out David's' reviewof Brandon's handling of his case.
JOE GARRETT - FOUR LIFE SENTENCES REDUCED
Joe Garrett hired attorney Brandon Sample to assist him with a motion for reduction in sentence under the First Step Act of 2018. Joe was previously sentenced to four life sentences for drug charges.
Brandon prepared a compelling motion for reduction in sentence, which the Government opposed. The Government argued that the Court should deny Joe's motion because the nature of his crimes were too serious.
Brandon fought hard against the Government's arguments, and the Court agreed with Brandon that Joe should receive a sentence reductions. The Court reduced Joe's four LIFE sentences to 35 years.
MICHAEL MANGAN - 28 U.S.C. § 2255 RELIEF GRANTED
Michael Mangan hired attorney Brandon Sample to assist him with a 28 U.S.C. § 2255 motion after Michael had originally sought § 2255 relief himself.
Brandon prepared and submitted an amended § 2255 motion which argued that the sentence imposed breached Michael's plea agreement or, in the alternative, Michael's sentencing attorney was ineffective for failing to object to the Government's breach of the plea agreement.
After a vigorous battle with the prosecutor, the judge granted Michael's § 2255 motion. The judge agreed with Brandon that the sentence imposed was inconsistent with Michael's plea agreement.
TROY COLEMAN - 28 U.S.C. § 2255 RELIEF GRANTED
Troy Coleman hired Brandon Sample to assist him with a 28 U.S.C. § 2255 motion after his appellate attorney abandoned him on appeal.
Brandon prepared a thorough § 2255 motion arguing that Troy was entitled to a new appeal because of his attorney's conduct in handling his appeal.
A federal judge granted Troy's § 2255 motion, agreeing with Brandon that Troy's attorney had abandoned him on appeal. For relief, the court ordered that Troy be given the opportunity to take a new appeal.
EDDIE COX - TWO LIFE SENTENCES VACATED
Eddie Cox was sentenced to life imprisonment in the early 1990s. For nearly three decades, Eddie tried to overturn his life sentences without success.
In October 2017, Eddie's life sentences were finally overturned by a federal judge in the Central District of Illinois with Brandon's assistance.
Brandon helped craft novel 28 U.S.C. § 2241 arguments concerning the application the "savings clause" to Eddie's case which prompted the judge to agree that not only could Eddie challenge his sentence via a § 2241 petition--Eddie was entitled to § 2241 relief because he was no longer eligible for the life sentences.
KEVLYN - CLIENT FAMILY MEMBER TESTIMONIAL
This testimonial is provided by the daughter of Guidel Moscoso-Pinto.
Brandon represented Guidel at sentencing in Philadelphia before U.S. District Judge John Padova.
Brandon helped Guidel receive an over 50 percent variance below what the advisory sentencing guidelines called for in the case. The final sentence was 21 months, which amounts to a little less than 18 months after credit for good time.
Look over Brandon's sentencing memorandum in Guidel's case. This sentencing memorandum provides a model example of what should be provided to the court before sentencing in a federal case.
Please also listen to the testimonial provided by Guidel's daughter about Brandon's handling of Guidel's case.
KINARD HENSON - CUSTODY CREDIT GRANTED
Kinard hired Brandon to assist him with a Federal Bureau of Prisons jail credit issue.
The BOP denied Kinard years of credit that he was entitled to under the so-called "Willis Credit" rule.
After months of investigation, and significant back and forth between between a state lawyer and state court clerk, Brandon was able to help obtain a court order that clarified Kinard's prior state sentence.
Based on the clarification that was granted in Kinard's state case, the BOP recalculated Kinard's federal sentence. After recalculation, Kinard received years of additional credit off of his federal sentence.
Check out the testimonial provided by Kinard about how Brandon was able to help him.
DANIEL MURATELLA - § 2255 RELIEF GRANTED
Brandon assisted Muratella with a § 2255 motion that alleged ineffective assistance of counsel over the loss of a more favorable plea bargain. Following an evidentiary hearing in the case, which highlighted the attorney's ineffectiveness, the parties agreed to SETTLE the 2255 motion. The court accepted the settlement, finding that Muratella had received ineffective assistance of counsel. Further, the court reduced Muratella's sentence by 2.5 years.
MARY MUSSO - HALFWAY HOUSE RESTORED
This testimonial is provided by Mary Musso. Brandon represented Musso concerning extending her halfway house and home confinement time. Initially, the Federal Bureau of Prisons only gave Musso two months home confinement. After Brandon came on, they extended this to the full six months.
ERIKA BROWN - TIME SERVED GRANTED
Erika hired Brandon to assist her with a federal court re-sentencing in Montana. Brandon filed objections to the Presentence Investigation Report arguing that Erika's Guideline range should be lower because of an error in the calculation of the "loss" amount. In addition, Brandon challenged a proposed special condition of supervised release.
The judge sustained (granted) both of Brandon's objections at sentencing. Then after hearing from Brandon and Erika, the Court sentenced Erika to 35 months in prison, which was equivalent to TIME SERVEDbased on the amount of time Erika had already spent in prison.
GUIDEL MOSCOSO-PINTO - SIGNIFICANT SENTENCE REDUCTION GRANTED
Guidel Moscoso-Pinto hired Brandon Sample after becoming dissatisfied with his existing attorney. Brandon reviewed the performance by Guidel's former attorney and made recommendations concerning Guidel's next best steps. Brandon then prepared an extensive sentencing memorandum and motion for downward variance in anticipation of Guidel's sentencing. The judge, after hearing Brandon's arguments, granted the motion for downward variance. In all, the Court varied over 50 percent below the sentence called for by the U.S. Sentencing Guidelines. The final sentence was 21 months.
Mirwais hired Brandon to assist him with his application for a certificate of appealability before the U.S. Court of Appeals for the Fourth Circuit. Brandon argued that the district judge's denial of 2255 relief should be reversed because the court did not consider all of Mirwais' claims. The court of appeals agreed and reversed.