Cory Fleming filed a brief with the SC State Court of Appeals on June 13, 2025 asking to be resentenced for his state financial crimes. His arguements include:
- The circuit court judge abused his discretion when he refused to consider or even read relevant mitigation evidence that was offered by Fleming
- The transcript of the federal proceedings dispelled the argument advanced by the Attorney General’s Office and attorney Justin Bamberg that the federal sentencing proceedings did not take into consideration the harm inflicted on the Pinckney family.
- Fleming had the right to have Judge Newman consider, as mitigation, that Judge Gergel expressly wanted his thoughts and reasoning known to Judge Newman in support of the 46-month federal sentence he imposed for this same conduct.
- Fleming’s federal sentencing transcript illustrated his willingness to accept responsibility for his actions, his cooperation that significantly advanced the Government’s investigations into others, and conserved government resources.
- Additional witnesses testified to the good acts of Fleming which Judge Newman was unaware of since he refused to read the transcript.
- Fleming’s sentence violates his due process rights because it was the product of the circuit court judge’s bias as evidenced by his failure to
consider relevant mitigation evidence and his comments during the sentencing proceeding.
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Cory Fleming