On Wednesday, October 23, 2024, CBS News reported that an appellate court ordered the re-sentencing of suspended attorney Michael Avenatti.
A panel of three judges from the Ninth Circuit Court of Appeals overturned the original 14-year prison sentence handed down to Avenatti last year by United States District Judge James V. Selna. The judges determined that Selna made multiple errors in his sentencing calculations and considerations.
Specifically, the appellate judges ruled that Selna failed to properly account for the value of legal services Avenatti provided to his victims. They also found that Selna wrongly enhanced Avenatti’s punishment based on claims of obstruction of justice through alleged perjury and an inflated calculation of losses totaling $12.3 million.
The panel directed Selna to reevaluate his sentencing in light of properly crediting Avenatti for attorney fees and costs he was owed by clients, as well as payments he made to victims after misappropriating settlement funds. One such victim was a company Avenatti helped a client acquire, with the judges ordering Selna to determine its appropriate value as restitution.
Avenatti gained notoriety in 2018 for representing Stormy Daniels, the adult film actress who sued former President Donald Trump over a hush payment related to an alleged affair. While the judge’s ruling was seen as a win for Avenatti, overturning the original sentence and potentially reducing the time imposed, prosecutors had sought an even lengthier 17.5-year term at initial sentencing.
Avenatti now awaits a new hearing before Judge Selna to determine a revised punishment under the appellate court’s order.
Source: CBS News
