Court Orders Resentencing for Michael Avenatti

Michael Avenatti, the disgraced attorney who once represented Stormy Daniels against Donald Trump, has been granted a re-sentencing by a federal appeals court, potentially altering his 14-year prison term for fraud.

At a Glance

A federal appeals court orders re-sentencing for Michael Avenatti’s 14-year fraud sentence.
The original sentence was deemed focused too heavily on perjury enhancement.
Avenatti pleaded guilty to wire fraud and tax charges without a plea deal in 2022.
Appeals court suggests considering concurrent sentencing with other convictions.
Avenatti gained notoriety representing Stormy Daniels against Donald Trump.

Appeals Court Overturns Avenatti’s Sentence

A federal appeals court has ordered a new sentencing hearing for Michael Avenatti, the controversial lawyer who rose to fame representing adult film star Stormy Daniels in her legal battle against former President Donald Trump. The Ninth US Circuit Court of Appeals found that Avenatti’s original 14-year sentence for swindling clients was based on incorrect loss calculations and failed to consider important factors.

The three-judge panel, consisting of Circuit Judges Michelle T. Friedland and Roopali H. Desai, along with South Dakota US District Judge Karen E. Schreier, determined that the initial sentencing focused too heavily on a perjury enhancement. They also noted that the original sentence did not adequately account for the value of Avenatti’s legal services or money he had repaid to victims.

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

Avenatti’s Legal Troubles

Avenatti’s fall from grace has been steep and swift. In 2022, he pleaded guilty to four counts of wire fraud and one tax charge without a plea deal. Authorities accused him of misappropriating settlement payments meant for his clients to fund his lavish lifestyle. This case is just one of several legal battles Avenatti has faced in recent years.

“I am thankful that a unanimous three judge panel of the 9th Circuit threw out my draconian prison sentence today,” Avenatti stated. “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.”

In addition to the fraud case in California, Avenatti was previously found guilty in New York for stealing advance payments for Daniels’ memoir and attempting to extort $25 million from Nike. These convictions have led to his suspension from practicing law in California, forcing him to represent himself in recent proceedings.

Implications of the Re-sentencing Order

The appeals court’s decision opens up several important considerations for Avenatti’s case. The panel suggested that the trial court should consider whether Avenatti’s sentences for identity theft and the Nike case should run concurrently with the new sentence. This could potentially reduce his overall time behind bars.

“Avenatti contends that (Selna) should have accounted for the value of his legal services and costs, as well as the value of certain payments he made to victims. We agree,” the judges stated in their decision.

The re-sentencing order also highlights the complexities of white-collar crime sentencing, particularly in cases involving attorneys who defraud their clients. The court’s emphasis on considering the value of legal services provided and restitution made could set a precedent for similar cases in the future.

As Avenatti awaits his new sentencing hearing, the legal community and the public will be watching closely to see how this high-profile case unfolds. The outcome could have significant implications not only for Avenatti but also for the broader landscape of legal ethics and criminal sentencing in the United States.