Rick Bowmer, Associated Press
Jeremy Johnson appears to be like on after arriving for court all through the trial for former Utah Attorney General John Swallow on the Matheson Courthouse Friday, Feb. 17, 2017, in Salt Lake City.
SALT LAKE CITY — St. George businessman Jeremy Johnson could be spending much less time in federal prison.
The 10th Circuit Court of Appeals upheld his conviction in a choice Thursday but despatched the case again to the district court for a brand new sentence. A 3-judge panel dominated that the trial decide erred in assessing Johnson an enhancement below federal sentencing pointers that led to a 135-month prison term.
A jury convicted Johnson in 2016 of 8 counts of creating false statements to a financial institution in connection together with his as soon as multimillion-dollar affiliate internet marketing corporate, iWorks. At the similar time, jurors acquitted him of 78 counts of financial institution fraud, cord fraud and cash laundering.
Johnson argued on attraction that there is no proof that he won greater than $1 million on account of his offenses that led to a two-level enhancement to his sentence. He contended that the federal government failed to turn Wells Fargo Bank ever won the false statements or depended on them in liberating any price range.
The court agreed, noting “the government doesn’t dispute that it failed to present any evidence that would indicate (Wells Fargo Bank) received or relied on Johnson’s false statements.”
U.S. Attorney John Huber stated his administrative center is happy with the 10th Circuit’s resolution asserting Johnson’s conviction but didn’t deal with its reversing his sentence.
“Jeremy Johnson violated federal law and the 10th Circuit has now validated the jury’s verdict of guilt,” he stated in a observation.
Johnson, 42, is lately held in a federal prison in Safford, Arizona. His launched date is indexed as Nov. 18, 2025, consistent with the Bureau of Prisons.
Johnson may be named in a Federal Elections Commission criticism alleging he used straw donors to give a contribution cash to a few high-profile politicians.