Las Vegas Sun

September 1, 2014

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Whittemore lawyers say judge can’t change order deferring prison

RENO — Lawyers for convicted former Nevada powerbroker Harvey Whittemore are arguing that a federal judge cannot change an order allowing him to stay out of prison until his appeal is decided.

Whittemore was convicted last year of making illegal campaign contributions to Senate Majority Leader Harry Reid. U.S. District Judge Larry Hicks delayed the start of his two-year prison sentence, saying that a campaign finance case at the U.S. Supreme Court could affect Whittemore's conviction.

When the high court ruled April 2 in a way that did not appear to have anything to do with Whittemore's issues, Nevada U.S. Attorney Dan Bogden asked Hicks to reconsider that delayed-prison order.

But the Reno Gazette-Journal reports Whittemore's attorneys filed a response Monday, arguing that a district court's final order cannot be reconsidered.

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