Resentencing Looms For Michael Avenatti After Appeals Court Decision

Michael Avenatti, a once-prominent attorney, faces potential sentence reduction after appeals court rulings on fraud and tax convictions.

At a Glance

Federal appeals court orders re-sentencing for Michael Avenatti, originally given 14 years for client fraud
Court found original sentence focused too heavily on perjury enhancement
Avenatti’s legal services and restitution efforts were not adequately considered
Decision could potentially halve Avenatti’s sentence

Appeals Court Overturns Avenatti’s Sentence

A federal appeals court has ordered a trial court to re-sentence Michael Avenatti, the disgraced lawyer who gained notoriety representing Stormy Daniels against Donald Trump. Avenatti, originally sentenced to 14 years for swindling clients, pleaded guilty in 2022 to four counts of wire fraud and one tax charge without a plea deal. The appeals court found that the original sentencing placed undue emphasis on a perjury enhancement without considering Avenatti’s past legal work or steps taken towards restitution.

The panel of judges highlighted several errors in the original sentencing, including the failure to account for the value of Avenatti’s legal services and costs, as well as payments made to victims. They also disagreed with the calculation of $12.3 million in losses due to fraud, stating that Avenatti’s clients were not entitled to full settlement values due to contingency fee agreements.

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

Implications of the Ruling

This decision could potentially lead to a significant reduction in Avenatti’s sentence, with some reports suggesting it could be cut by as much as half. The case has been sent back to United States District Judge James V. Selna for reconsideration. The appeals court also directed the trial court to assess whether Avenatti’s sentences for identity theft and the Nike extortion case should run concurrently with the new sentence.

The ruling highlights the complexities in sentencing high-profile cases, especially those involving legal professionals who have both served clients and committed crimes. It underscores the importance of considering all aspects of a defendant’s actions, including any positive contributions, when determining an appropriate sentence.

Avenatti’s Response and Future Proceedings

Avenatti expressed gratitude for the appeals court’s decision, calling his original sentence unjust and a violation of his constitutional rights. His attorney, H. Dean Steward, stated that Avenatti is encouraged by the ruling and looks forward to a full hearing on the issues as ordered by the court.

Michael Avenatti said,”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.”

As the case returns to the trial court, it remains to be seen how Judge Selna will approach the resentencing. The decision will need to balance the severity of Avenatti’s crimes, including fraud and tax violations, with the newly highlighted factors such as the value of his legal services and restitution efforts. The outcome of this resentencing could have significant implications for Avenatti’s future and may set precedents for similar cases involving legal professionals accused of misconduct.