HATTIESBURG, MS (WDAM) - Hub City pastor Kenneth Fairley, was sentenced to federal prison for his role in defrauding the U.S. Government, and now he is appealing that ruling.
Last week, Fairley's attorneys filed a notice of appeal on his behalf to the United States Court of Appeals for the Fifth Circuit.
"This appeal is from the judgment of conviction, and sentence, as entered on Dec. 19, 2016, and from all other prior orders and rulings that resulted in that judgment of conviction; and for all other purposes permitted by law," according to the appeal submitted by Herbert Larson Jr., Arnold Spencer, and Sanford Knott.
Fairley, 63, who was convicted Sept. 12, 2016, appeared before District Judge Keith Starrett on Dec. 19th, for his sentencing. He was sentenced to three years in in federal prison, ordered to pay $60,223.95 in restitution and a $30,000 fine and was given three years' post-release supervision.
According to court guidelines, Fairley's sentencing range fell between 33 to 41 months, meaning his sentence pending the judge's decision should fall in that time frame.
"There is no question in my mind there was a crime committed here," Starrett said. "It (HUD dollars) was intended for poor people, and for that money to be taken in just bad."
After a six-day trial, in September, Fairley was found guilty by a jury of his peers on charges of conspiracy to commit theft of government money and two counts of receiving, retaining, concealing or converting money that belonged to the government, all relating to the government agency of Housing and Urban Development through rehabbing houses in Hattiesburg.
Fairley was told to self-report to a designated facility within 72 hours or no later than 60 days from the date of judgment.