Federal Defendant in Florence Sentenced AGAIN
Kenneth Hinson won his federal appeal from a conviction for possessing a firearm by a convicted felon this year and has now be sentenced again by the federal judge who presided over the prior federal trial. The appellate victory was based on a sentencing error committed by the trial judge. The Fourth Circuit Court of Appeals in Richmond, Virginia reversed the sentence based on the trial judge using inappropriate prior conduct of the defendant to sentence him to a higher than applicable term of imprisonment. This case was taken to federal court after Hinson was acquitted of state charges related to kidnapping and sexual assault. Hinson's federal defense attorney was not listed in the news and did not provide any comment on the new sentence. The new sentence of less than 10 years is much better for Hinson than his prior sentence of 25 years.
Hinson was taken into federal custody in court after his acquittal on the state charges. This means the federal prosecutors where lying in wait to indictment him if he were found not guilty.
Hinson will now have the opportunity to appeal this sentence. His attorneys had argued in court that a 6 year sentence was the most the judge could give him. The case will go back to the Fourth Circuit Court Of Appeals in Richmond. Hinson's appellate attorney will have some time to draft the appeal and submit it to the Fourth.
Our federal appellate attorneys are very experienced with filing briefs and arguing cases before the appellate courts. We have Charleston defense lawyers who have handled many of this cases each year.
