11th Circuit denies J.T. Burnette motion to remain free pending appeal in corruption case

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The 11th Circuit Court of Appeals has denied a request by John Thomas "J.T." Burnette to stay out of federal prison while he appeals his conviction on corruption charges.

The appellate court issued a one-page order Wednesday denying a motion filed earlier this month by Burnette's appellate lawyers. The order was signed by Jill Pryor, U.S. circuit judge in the 11th Circuit.

Burnette was convicted by a jury in August on federal extortion and other charges for his involvement in a bribery scheme involving former Tallahassee Mayor and City Commissioner Scott Maddox and his longtime partner Paige Carter-Smith.

U.S. District Judge Robert Hinkle sentenced Burnette to three years in federal prison and fined him $1.25 million. The judge later denied a request by Burnette's lawyers to remain free pending appeal, saying the wealthy businessman got a "full and fair" trial.

John "J.T." Burnette leaves the U.S. Courthouse after he was sentenced to three years in federal prison for public corruption charges Tuesday, Nov. 9, 2021.
John "J.T." Burnette leaves the U.S. Courthouse after he was sentenced to three years in federal prison for public corruption charges Tuesday, Nov. 9, 2021.

Burnette, a wealthy businessman and hotelier, hired the powerhouse Washington, D.C., firm Williams & Connolly to handle his appeal. After striking out in U.S. District Court, the firm filed a time-sensitive motion Jan. 3 with the 11th Circuit to keep him out of prison.

Judge Pryor did not elaborate on why the request was denied but said no more motions on the matter would be taken up as time-sensitive.

"The clerk is directed to treat any motion for reconsideration of this order as a non-emergency matter," Pryor wrote.

Back story:

Burnette, 44, has been on court-monitored federal release since shortly after his arrest by the FBI in 2019. After his conviction and sentencing, Hinkle ordered him to report by Sunday to the U.S. Bureau of Prisons by Sunday.

He is expected to serve his sentence at the minimum-security federal prison camp in Montgomery, Alabama, located on the grounds of Maxwell Air Force Base.

Burnette was convicted on charges involving bribes he arranged from undercover FBI agents posing as developers to Maddox and Carter-Smith, who testified against him under cooperation deals with federal prosecutors.

Both pleaded guilty to charges involving payoffs they took from city vendors in exchange for their official action. Maddox is serving a five-year sentence at the federal prison camp in Talladega, Alabama; Carter-Smith is serving a two-year sentence at the federal prison camp in Marianna.

More: Scott Maddox faces 'primitive existence' as he starts his sentence at a federal prison camp

After his conviction, Burnette's lawyers contended that Hinkle erred by allowing an undercover FBI agent to testify about the defendant's truthfulness during recorded conversations and changing a standard jury instruction. However, federal prosecutors argued that there were no such errors.

Burnette has a Wednesday deadline to file his appellate brief with the 11th Circuit.

Contact Jeff Burlew at jburlew@tallahassee.com or follow @JeffBurlew on Twitter.

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This article originally appeared on Tallahassee Democrat: Court denies Tallahassee businessman J.T. Burnette's request to stay out of jail