‘That argument falls on its face.’ Kodak Black denied appeal of his 46-month sentence.
It doesn’t look like Kodak Black will be released any time soon.
A panel of judges with the U.S Court of Appeals for the 11th Circuit in Atlanta denied Black’s appeal of his 46-month sentence for making false statements to acquire a firearm, according to court documents filed June 16. The Pompano Beach rapper was convicted of the federal gun charge in 2019.
Black, 23, a stage name adopted by Bill Kapri, argued that his sentence was a bit harsher because the court viewed him as a convicted felon. He contended that his pleading no contest to a Florida robbery in 2015 didn’t meet the criteria of a “conviction,” according to the opinion.
The appellate judges disagreed.
Black’s “argument falls on its face,” the judges wrote in their opinion.
Citing several cases, they found that Black’s no contest plea sufficed as a conviction and upheld his 46-month sentence, the documents show.
As XXL reported, the ruling comes just weeks after a judge signed an order agreeing that Black’s criminal history was embellished at the time of his sentencing in August 2019.
The motion, filed in May, stated the court acknowledged the rapper’s “history of drug use was ‘overly represented,’” according to the document. That same court deemed his criminal history a category two; however, the pre-sentence investigation report classified his past as category three.
There are six categories that determine the severity of a punishment, with the penalty stiffening as the categorization rises, according to the U.S. Sentencing Commission.
Black is currently serving time at USP Big Sandy, a maximum security prison in Kentucky.
