I think it's generally understood that while plea deals can be negotiated and ironed out by the prosecutors and defense lawyers, they are ultimately subject to the approval and/or discretion of the Judge presiding over the case.
IMO, CF was handed a gift by the feds when United States District Judge Richard M. Gergel accepted CF's guilty plea and imposed a 46-month sentence, followed by a 3-year term of court-ordered supervision.
As part of the sentence, Fleming agreed to pay $102,221.90 in restitution. He was also ordered to pay a $20,000 fine.
Last August, in Federal Court, CF admitted to conspiring with AM to siphon settlement funds, disguised as “prosecution expenses,” for their own personal enrichment, defraud the estate of GS, AM's former housekeeper, and responsible for the theft of settlement funds from a client whose son passed away after being rendered a quadriplegic in a car accident.
Shortly after receiving his federal sentence, CF also pleaded guilty to a second set of charges in the State's grand jury indictment (23 state charges) but wasn't immediately sentenced.
Last week, before Judge Newman, CF's defense attorney stated that she had already presented to the Court the federal transcript of CF's sentencing where Judge Gergel recommended that the defendant's state charges should not result in more time behind bars.
However, this sentiment and recommendation didn't go over well with Judge Newman. Instead, Judge Newman heard from Lawyers representing the victims who asked the judge for additional penalties to deter future deception from lawyers tempted to betray disadvantaged clients.
State prosecutor Creighton Waters said Fleming “should not get buy-one-get-one-free” and sought consecutive state sentences. The state court needs to have a say, too, he said.
Reminding CF that he faced as many as 195 years in prison for the state charges, Newman ultimately handed down a 10-year state prison term that will run alongside his federal (46-month) sentence and another 10-year state prison term that will run consecutively (i.e., 13 years, 10 months total).
As to why CF is appealing his conviction and the sentence -- I've never seen the original plea agreement that he signed but it must not have been binding. I do recall that CF's attorney-- Deborah Barbier, previously stated that while they agreed the facts of the case were sufficient and accurate enough to make him guilty, they planned to dispute some of Waters' statements.
CF's defense only filed the notice of appeal which does not provide the basis. That will follow with the defense's brief asserting that an error was committed during trial (and/or implementing plea agreement) and requires the case be remanded to the trial court or the conviction or sentence be vacated or reversed.
IMO, I don't see any error (basis) and doubt the appellate will agree to a "do-over." I think it's sour grapes over the punishment but also think it was very presumptuous of CF to think the State Court would just accept the recommendation of another jurisdiction. Unlike the Feds, the State District Court recognized the victims who lived among them.
CHARLESTON, SOUTH CAROLINA — Cory H. Fleming, 54, of Beaufort, was sentenced to nearly 4 years in federal prison after pleading guilty to a federal conspiracy.
www.justice.gov
After pleading guilty in federal court recently, Cory Howerton Fleming pleaded guilty to all SC charges but has not received a state sentence.
www.greenvilleonline.com
A judge has sentenced the former South Carolina attorney who pleaded guilty to state charges ranging from breach of trust with fraudulent intent, money laundering and criminal conspiracy.
www.live5news.com
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