Appellate court determines revised sentencing is necessary for attorney Michael Avenatti, currently serving a suspension.
A three-judge bench from the 9th US Circuit Court of Appeals declared on Wednesday that Avenatti's sentence was based on inaccurate financial losses calculations and therefore ordered a retrial, as indicated in the ruling's copy.
The panel also debated whether Avenatti's sentence for embezzling book earnings from Daniels (who engaged in a lawsuit to violate a confidentiality agreement with Trump over an alleged affair) and attempting to blackmail Nike would run concurrently with his existing prison term.
"Mr. Avenatti is hopeful about the 9th Circuit Court of Appeals' decision today and eagerly awaits the court-ordered retrial," said H. Dean Steward, Avenatti's lawyer, in a statement.
The US Attorney's office in Los Angeles, which handled the prosecution, chose not to comment on the court's decision.
Suspended from practicing law in California, Avenatti opted to represent himself at his 2022 trial, where he admitted guilt to four wire fraud charges and a tax violation, despite failing to strike a plea bargain with federal prosecutors. He admitted his actions to take responsibility and shield his family from further embarrassment.
According to authorities, Avenatti handled settlement payments on behalf of his customers, only to transfer the funds to accounts under his control and lavishly spend them on himself.
The retrial, ordered by the 9th US Circuit Court of Appeals due to incorrect financial loss calculations, could significantly impact Avenatti's political career if he chooses to return to politics. In light of his past actions involving embezzled book earnings and attempted blackmail, it remains uncertain if the public would be willing to forgive and support him in the political arena.
