. A three-judge panel for the U.S. Court of Appeals for the 10th Circuit in Denver found that the trial court wrongly treated those two convictions separately in calculating his prison term under sentencing guidelines.
The panel agreed with Maldonado-Passage that the court should have treated them as one conviction at sentencing because they both involved the same goal of killing Baskin, who runs a rescue sanctuary for big cats in Florida. According to the ruling, the court should have calculated his advisory sentencing range to be between 17 1/2 years and just under 22 years in prison, rather than between just under 22 years and 27 years in prison.
Meanwhile, another attorney representing Maldonado-Passage, John M. Phillips, hinted at the possibility of seeking a new trial, saying in a statement he would be filing motions citing previously undisclosed and newly discovered evidence in the case as well as examples of government misconduct. They were so confident in his chances that they had readied a celebratory limousine and a hair and wardrobe team to whisk him away from prison.
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