JACKSON, Miss. (AP) - Businessman Cecil McCrory sought leniency at his federal sentencing hearing Thursday, saying his failed bid to withdraw his guilty plea in a state prisons bribery probe shouldn’t wipe out all the aid he gave investigators.
U.S. District Judge Henry T. Wingate was to have sentenced McCrory on Thursday but continued the hearing until Friday. McCrory faces a maximum of 20 years in prison for his role in the bribery ring that centered on a former state corrections commissioner.
McCrory pleaded guilty to money laundering conspiracy in February 2015. An FBI agent has testified that McCrory took $40,000 in cash from then-Corrections Commissioner Christopher Epps, disguised it as proceeds from a tractor sale, and wired it back to the prison chief.
McCrory also has testified that he paid off Epps’ mortgage after the commissioner approved McCrory’s plans to sell his prison commissary business. Epps later steered contracts to McCrory, with the former lawmaker kicking back a share of the profits to Epps, according to testimony.
Assistant U.S. Attorney Darren LaMarca told the judge Thursday that McCrory had been instrumental to the investigation, but said that after McCrory tried to withdraw his guilty plea earlier this year, prosecutors were no longer obligated to recommend a reduced sentence for that cooperation.
Wingate had rejected the plea withdrawal, saying it wasn’t persuasive after McCrory’s testimony when he pleaded guilty.
Prosecutors had earlier discussed recommending an eight-year sentence to Wingate, who typically hands down long prison terms.
McCrory’s lawyer, Carlos Tanner, argued that McCrory hadn’t breached the plea agreement, and that the government still must request a lower sentence.
Tanner noted that sentencing guidelines call for McCrory to get the full 20 years because he received $4.6 million in proceeds from the scheme. But the lawyer said that total prison time should be lower because some money went to McCrory’s business partner.
An FBI agent testified Thursday that no indictment was sought against the partner - for lack of evidence - though the agent added that investigators believe the partner knew of bribes to Epps.
Because McCrory swore in his plea-withdrawal attempt that he was innocent, a probation officer said Wingate should no longer credit McCrory with accepting responsibility, which could also drive up his sentence.
Tanner said McCrory had tried to withdraw the plea because he was looking at a stiffer-than-expected prison term when prosecutors changed the way they wanted to calculate the recommended sentence.
Epps pleaded guilty to bribery-related charges - money laundering and filing false tax returns - in February 2015 and is set to be sentenced May 24. He could get up to 23 years in prison.
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