Appeals Court Grants Resentencing For Michael Avenatti, Disgraced Lawyer Who Feuded With Donald Trump

 October 23, 2024

A federal appeals court has mandated a resentencing for Michael Avenatti, who was previously sentenced to 14 years for defrauding his clients.

The Hill reported that on Wednesday, the 9th U.S. Circuit Court of Appeals vacated the lengthy prison sentence of Michael Avenatti, the embattled attorney known for representing high-profile figures and engaging in notable legal battles.

Michael Avenatti, who rose to fame as a fierce adversary of public figures, pleaded guilty in 2022 to multiple charges, including four counts of wire fraud and a tax violation.

His conviction was rooted in accusations that he embezzled funds from several of his clients.

Legal Troubles Lead to Resentencing for Avenatti

In their ruling, the appeals court judges highlighted errors made during the initial sentencing phase. They pointed out that the trial judge had placed undue focus on enhancing the penalty for perjury and had failed to adequately consider the legal services Avenatti had provided or the restitution he had already paid.

The decision to vacate the original sentence followed scrutiny of the factors that traditionally influence sentencing guidelines. The panel emphasized that these miscalculations by the district judge warranted a review and subsequent modification of Avenatti's sentence.

Concurrently, the court examined how to integrate Avenatti’s sentence with additional convictions on separate but related charges. Previously, Avenatti had been handed a four-year term for misappropriating book proceeds from Stormy Daniels and two and a half years for his attempt to extort Nike.

Despite appealing the other cases to the Supreme Court, Avenatti's pleas were rebuffed earlier this year, solidifying his convictions in both the Daniels and Nike cases.

Adding to his legal woes, Avenatti has been prohibited from practicing law in California since 2020, a directive that came shortly after his litany of legal troubles began to unfold publicly and dramatically.

Upon receiving the news of his sentence being overturned, Michael Avenatti expressed gratitude and relief. He criticized the initial 14-year sentencing as disproportionate and a violation of his constitutional rights, asserting it was influenced by his identity and public stature.

"I am thankful that a UNANIMOUS three-judge panel of the 9th Circuit threw out my draconian prison sentence today,” Avenatti stated. He remarked on the severity of the sentence, deeming it "grossly unjust and violative of my most basic constitutional rights." Avenatti argued that the severe sentencing was pursued despite its unsubstantial base, suggesting a bias due to his high-profile nature.

"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,” Avenatti firmly added, highlighting his perspective on the role his public image played in the legal proceedings against him.

Detailed Review of Sentencing Factors

This forthcoming resentencing will take into account the appeal court's findings and may result in a reduced penalty for Avenatti. The specifics of how the resentencing will be conducted and the potential implications for Avenatti's other convictions are intricacies that remain under judicial consideration.

The case has drawn attention to the complex interplay between personal reputation and legal accountability, particularly in cases involving public personalities entangled in criminal activities.

Avenatti’s situation underscores a broader discourse on fairness in legal proceedings, where the balance between a person’s past contributions and their misconduct is evaluated with scrutiny and rigor.

The absence of a plea deal in his initial trial indicates that Avenatti accepted responsibility without the assurance of leniency, a fact that may influence the structure of his upcoming reevaluation.

As the judicial process unfolds, all eyes will be on how the court reconciles the need for justice with the precedential value of fairness and thoroughness in legal proceedings—an aspect deeply rooted in the foundational tenets of the American legal system.

Copyright 2024 Patriot Mom Digest