A federal appeals court denied Michael Capps a new trial on Tuesday, upholding the former Kansas lawmaker’s conviction for defrauding federal COVID-19 relief programs in 2020. Capps had challenged U.S.
Judge Eric Melgren’s decision not to reread jury instructions a second time during the trial. Judge Harris L. Hartz, a George W.
Bush appointee, wrote the opinion for the 10th Circuit Court of Appeals’ three judge panel, who sided with Melgren. Capps did not immediately respond to a request for comment on Tuesday. in December 2022, including one count of bank fraud, three counts of false statements to a bank and the Small Business Administration, four counts of wire fraud and four counts of money laundering.
to 27 months in prison followed by two years of supervised release, and the U.S. Attorney’s Office seized $197,306.
83 from one of his accounts. Capps was also ordered to pay an additional $319,000 in restitution. Capps has remained out on bond in Oklahoma pending the 10th Circuit decision.
It’s unclear when he will be ordered to report to the U.S. Bureau of Prisons.
Melgren allowed Capps to remain out of prison while his appeal moves through the courts despite concerns from the U.S. Attorney’s Office that “a confidential human source reported that (Capps) had accounts in Panama and that (Capps) had traveled to Panama to obtain dual citizenship as it would be ‘Plan B.
’” Capps acknowledged in court filings that he had become a legal resident of Panama but .