BY Benjamin ClarkOctober 25, 2024
5 months ago
BY 
 | October 25, 2024
5 months ago

Appeals Panel Commands Resentencing For Lawyer Michael Avenatti After Misjudged Factors

Former high-profile attorney Michael Avenatti, known for representing Stormy Daniels against Donald Trump, faces another legal turning point in his tumultuous career.

According to The Hill, a federal appeals court has vacated Avenatti's 14-year prison sentence for defrauding clients. The three-judge panel determined that errors were made in the original sentencing calculation.

The 9th U.S. Circuit Court of Appeals found that the trial court made significant miscalculations in determining the sentence length.

Their unanimous decision highlighted concerns about how the court weighed various factors in the sentencing process.

Federal Panel Challenges Sentencing Framework

The appeals court specifically criticized the trial judge's approach to several key elements of the sentencing.

They found that the perjury enhancement received too much consideration, while insufficient weight was given to Avenatti's legal services and his payments to victims.

The original sentence of 168 months came after Avenatti pleaded guilty to four counts of wire fraud and a tax charge in 2022.

This plea was made without any agreement with federal prosecutors, leaving him vulnerable to the court's full sentencing discretion.

Avenatti responded to the decision on social media platform X, where he stated:

I am thankful that a UNANIMOUS three judge panel of the 9th Circuit threw out my draconian prison sentence today. The sentence was always grossly unjust and violative of my most basic constitutional rights, but the government sought it anyway solely because of who I am. We ALL deserve due process.

Multiple Legal Battles Shape Attorney's Future

The current resentencing order adds complexity to Avenatti's existing legal situation.

He is already serving sentences for two other high-profile convictions, including a four-year term for stealing Daniels's book proceeds and a 2.5-year sentence for attempting to extort Nike.

The appeals court has left the decision about whether these sentences should run concurrently to the trial court's discretion. This determination will significantly impact the total time Avenatti spends in prison.

Recent attempts by Avenatti to appeal both the Daniels and Nike cases reached the Supreme Court this year. However, the nation's highest court declined to hear either case, leaving those convictions intact.

Legal Career Remains In Limbo

The California State Bar suspended Avenatti from practicing law in 2020, effectively ending his legal career in the state. This suspension remains in effect as he continues to face the consequences of his actions.

The resentencing process will require careful consideration of the appeals court's guidance regarding the valuation of various factors. The trial court must now recalibrate its approach to determine an appropriate sentence.

The case highlights the complexities of white-collar crime sentencing and the importance of proper calculation methods in determining prison terms.

Journey Through the Justice System Continues

The vacated sentence represents a significant development in Avenatti's legal saga, though it doesn't necessarily guarantee a reduced sentence. The trial court must now carefully reconsider all factors while adhering to the appeals court's guidance.

The concurrence of multiple criminal cases and sentences has created a complex legal situation that requires careful consideration. The ultimate outcome will depend on how the trial court approaches the resentencing and handles the question of concurrent versus consecutive sentences.

Written by: Benjamin Clark

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