Atlanta star Arkansas Mo can’t reduce his prison sentence

On Thursday, U.S. District Judge Mark H. Cohen denied Fayne’s request for resentencing, noting that Fayne did not object to a magistrate judge’s recommendation to continue the sentence.

“The court finds no manifest error and that the (recommendation) is supported by law,” Cohen wrote in an order.

Fayne, 41, represented himself in his attempt to convict himself. He has used at least five lawyers since his arrest in May 2020, repeatedly claiming he received ineffective advice, according to court records.

In late February, Fayne sent a handwritten letter to the court, requesting more time to submit documents supporting his request. He said he was being held in an Atlanta penitentiary awaiting transfer to another facility, after serving part of his sentence in a federal prison in Oklahoma.

Fayne said he did not have access to his property, which he needed for the case.

“I do not control when I will leave or when my belongings will arrive,” he wrote in the letter.

Federal Bureau of Prisons records show Fayne is now in a low-security federal prison in Arkansas with an expected release date of December 14, 2032.

On May 3, U.S. Magistrate Judge John K. Larkins III recommended that Fayne’s request be denied, saying that Fayne had missed several deadlines to submit his records to the court. Larkins said he notified Fayne on March 12 that he had 30 days to file a memorandum in support of his request for resentencing, but Fayne did not respond.

“In that order, I noted that even without his assets (Fayne) could provide more factual details to support his claims and that he already had several months to do so,” Larkins said. “And I have warned (Fayne) that the court may not be inclined to grant further requests for extensions.”

Fayne alleged that prosecutors violated his plea agreement by emphasizing his criminal history and details of his fraud during his sentencing. He also said they failed to meaningfully justify the recommended sentence of just over 12 years in prison.

In July 2022, the United States Court of Appeals for the 11th Circuit upheld Fayne’s sentence, noting that prosecutors had maintained the lower recommended sentence, albeit “reluctantly” after learning of Fayne’s criminal history. Fayne. The government fulfilled its obligations under the plea agreement, the appeals court ruled.

Judges are not bound by sentencing recommendations contained in plea agreements.

Fayne initially pleaded not guilty to a 20-count indictment accusing him of running a fake investment scheme tied to his small trucking business. Prosecutors said he used more than $5 million from investors to pay off gambling debts and entertainment expenses at the Choctaw Casino and Resort in Oklahoma.

Fayne also used his business “Flame Trucking” to fraudulently obtain a $3.7 million Paycheck Protection Program loan during the coronavirus pandemic, prosecutors alleged. They said Fayne used the loan to buy jewelry, rent a Rolls-Royce and pay child support, among other things.

In May 2021, Fayne pleaded guilty to three counts of wire fraud and single counts of bank fraud, conspiracy to commit wire fraud, and making false statements to a financial institution. He was sentenced to 17.5 years in prison and five years of supervised release and ordered to pay $4.4 million in restitution.

Fayne was also ordered to forfeit nearly $100,000 and eight trucks.