Michael Avenatti faces re-sentencing, offering a potential shift in the legal saga that captured national attention.
Avenatti’s Legal Battle Takes a New Turn
Michael Avenatti, known for representing Stormy Daniels against Donald Trump, has been ordered to be re-sentenced by a federal appeals court. Initially sentenced to 14 years for defrauding clients, the three-judge panel found his sentence overly emphasized a perjury enhancement, ignoring his legal services and restitution efforts. The trial court must now reassess his sentencing conditions.
Avenatti pleaded guilty in 2022 to four counts of wire fraud and one tax charge without a plea deal. His prior convictions for aggravated identity theft and a Nike extortion attempt remain significant in deciding if his sentences should run concurrently. The panel’s ruling permits the trial court to potentially halve Avenatti’s sentence, impacting how his previous sentences align with his new re-sentencing.
Federal appeals court orders a new sentence for former Stormy Daniels' attorney Michael Avenatti https://t.co/INlT0kM6vw
— Just the News (@JustTheNews) October 24, 2024
Appeals Court Critical of Original Sentencing
The appellate judges stated the original sentencing focused excessively on a perjury enhancement. They highlighted Judge Selna’s error in not considering the value of Avenatti’s legal services or repayments to his clients, suggesting his sentence should reflect these factors. In response, Avenatti expressed gratitude, viewing the ruling as a rectification of what he deemed an unjust sentence.
“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.” – Michael Avenatti
Judge Selna’s sentencing calculation, which claimed $12.3 million in losses, was contested by the panel. They posited that Avenatti should receive credit for payments made to clients, as those funds were not entirely for damages. Meanwhile, Judge Selna is tasked with evaluating the restitution value of a company Avenatti aided a client in acquiring.
Appeals court tosses sentence for anti-Trump lawyer Michael Avenatti https://t.co/gbSkl8ZqdK
— The Washington Times (@WashTimes) October 23, 2024
Next Steps in Legal Proceedings
As Avenatti awaits re-sentencing by United States District Judge James V. Selna, the scope of his legal troubles could evolve. Federal prosecutors initially sought a 17.5-year sentence; however, a reduced sentence is contingent on the court’s assessment of Avenatti’s business dealings. The appellate judges’ decision emphasizes the necessity of accurate calculations in sentencing.
The legal community keenly watches as the final decision may set precedents for similar cases involving fraud and professional misconduct. Avenatti, now with reduced legal burdens, continues to assert his case, potentially altering the narrative surrounding his past professional indiscretions.
