The federal government has filed a motion to dismiss the appeal of the former manager of Foothills Regional Airport.
But Alex Nelson has requested, and was granted, more time to respond to the motion, according to federal court documents.
Nelson
appealed his three-year sentence for embezzlement, money laundering and
participating in a public-corruption conspiracy. His sentence also
includes three years supervised probation and paying restitution of
$179,781.51.
Nelson reported to prison in Beckley, W.Va. on June 9.
He pleaded guilty to the charges in September 2012 at the Asheville federal courthouse.
The
federal government filed a motion on Sept. 15 to suspend the briefing
schedule in the case and to dismiss Nelson’s appeal on the basis that he
waived his right to appeal his sentence in his plea agreement. The
government says Nelson was aware of the maximum and minimum sentences
the charges carried and would have no right to withdraw his plea even if
his sentence was more than he expected. The only exceptions to waiving
his rights of appeal in his plea agreement is if there is a basis for
claiming ineffective counsel or prosecutorial misconduct, the motion
says. The government says Nelson’s appeal doesn’t include any of those
claims.
The federal government motion to dismiss goes on to cite
several cases, saying the federal courts have repeatedly said he waived
the right to appeal his sentence in a valid plea agreement.
Nelson
filed a motion Tuesday to extend, by 15 days, his response to the
government’s motion to dismiss. Nelson was given until Sept. 29 to
respond to the government’s motion, according to federal court
documents.
On Wednesday, the courts granted the motion to extend the time Nelson has to respond to Oct. 14.
Former
Foothills Regional Airport Chairman Randy Hullette pleaded guilty Aug.
21, 2013, to embezzlement and witness tampering but has not been
sentenced. He filed a response to his federal presentence report, which
is required before someone is sentenced in federal court. Because
presentence reports have sensitive personal information included in it,
the reports are typically sealed. Hullette’s presentence report is
sealed.
Hullette faces a total maximum sentence of 30 years.
The
charges stem from an FBI investigation of embezzlement from the
airport, which is funded by federal, state and local money. Burke and
Caldwell counties and the cities of Morganton and Lenoir fund local
money to the airport.
The FBI raided the airport in June 2012,
seizing files, records, computers, log books and other information. The
warrant included records from the airport involving Nelson, Adkins and
Hullette defrauding the airport of at least $100,000.
The federal
court in Asheville holds sentencing every other month, with the next
sentencing set for October, according to court officials.
- Source: http://www.morganton.com
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