Federal court rejects Murdaugh’s appeal that 40 years is too harsh for stealing millions

Alex Murdaugh’s attempt to have his 40-year sentence for stealing from customers and his legal practice thrown out was denied by a federal judge. The disgraced South Carolina attorney argued that the prosecution’s requested 10-year sentence is ten times longer than his own.

U.S. District Judge Richard Gergel stated in April that he opted for a more severe prison term because Murdaugh had stolen from “the most needy, vulnerable people,” those who had lost loved ones or suffered serious injuries in accidents and had confided in the now-disbarred lawyer with all of their issues and aspirations.

In a two-page decision, the U.S. Fourth Circuit Court of Appeals opted to dismiss the appeal on Tuesday, stating that Murdaugh forfeited his right to an appeal unless there were unusual circumstances. This was a harsher decision than anticipated. The attorneys for Murdaugh stated that they are now weighing their options. The 40-year federal sentence is thought to constitute a safety net in the event that 56-year-old Murdaugh succeeds in a separate appeal of the life term he is now serving in a South Carolina jail for the murders of his wife and son.

Adamantly denying that he had shot his family, Murdaugh testified during the trial in his own defense. The South Carolina Supreme Court consented to hear arguments regarding the potential for a clerk to have tampered with the jury in his murder convictions

Murdaugh’s attorneys claimed that Gergel disregarded the recommendation of 17 1/2 years to less than 22 years in prison, which would have violated their client’s constitutional protection against cruel and unusual punishment in the federal theft case by federal agents and the 30 years suggested by prosecutors when he sentenced Murdaugh to 40 years.

Federal prosecutors responded to Murdaugh’s appeal by stating only that he signed a statement promising not to file an appeal unless the prosecution misled him or his defense lawyers were insufficient. Murdaugh acknowledged taking advantage of his clients in cases involving injuries and wrongful deaths. Gergel noted robbing a state policeman who was hurt on the job and a trust fund meant for kids whose parents died in an accident when he handed down the severe sentence. Gergel stated that those individuals “placed all their problems and all their hopes” with their attorney.