Appeals panel keeps 21-month sentence for ex-Tennessee lawmaker who tried to withdraw guilty plea

NASHVILLE, Tenn. (AP) — A federal appeals panel is keeping a 21-month prison sentence in place for a former Tennessee state senator who tried to withdraw his guilty plea on campaign finance law violations.

The ruling Monday in the 6th U.S. Circuit Court of Appeals focuses on the August 2023 sentencing of former Sen. Brian Kelsey. The Republican had pleaded guilty to charges related to his attempts to funnel campaign money from his state legislative seat toward his failed 2016 congressional bid. His attorneys have argued that federal prosecutors violated Kelsey’s plea agreement when they said a harsher sentence could be applied after he attempted to withdraw his guilty plea in March 2023.

Kelsey has remained out of prison during his 6th Circuit appeal under the lower court judge’s order. A defense attorney for Kelsey, Alex Little, has told news outlets he plans to appeal the latest decision.

According to two of the three appellate judges, Kelsey’s legal team failed to raise an objection about the alleged breach of his plea deal by federal prosecutors. The third judge said defense attorney raised the objection properly, but concluded that prosecutors did not breach the plea agreement.

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