Prosecutors Appeal Order Dismissing Jarec Wentworth Gun Charge
After being convicted on six felony extortion counts last month, Jarec Wentworth filed a motion for judgment of acquittal. Now, the government has filed their own motion that, if granted, could add at least five years to his sentence, which is set to be handed down on October 26th.
Before Wentworth’s trial commenced, prosecutors and defense attorneys argued over the seventh charge in the government’s superseding indictment against him: Possession of a firearm in the furtherance of a crime of violence. Ultimately, the court dismissed the charge, as Wentworth did not have the gun on his person when he was arrested during the infamous Starbucks sting operation.
Last week, the government filed a motion to appeal the court’s order, which would bring the gun charge back into play:
If the government’s appeal of the order that dismissed the seventh count is granted, prosecutors will presumably proceed to charge Wentworth again with possession of a firearm. But, why? Maybe they (and a vindictive Donald Burns, who’s been pulling their strings this whole time, in my view) are worried that Wentworth will be receiving a light sentence in October? The gun charge carries a mandatory minimum prison sentence of five years, which would be added to Wentworth’s sentence and can’t be served concurrently with any other term of imprisonment he receives.
The appeal process will play out over the next several months, with the next deadline coming in December.
