Black asks for delay in sentencing

An attorney for former House Speaker Jim Black has requested that his sentencing on a federal public corruption charge be delayed until August.

Charlotte lawyer Ken Bell filed a motion seeking the delay in federal court today. He said he requested the delay because probation officials have recommended that Black receive a longer sentence than previously indicated.

If U.S. District Judge Terrence Boyle grants the request, Black could be sentenced no sooner than Aug. 7.

Black, a Mecklenburg County Democrat, is scheduled to be sentenced Wednesday in federal court in Raleigh. He could face up to 10 years in prison for corruptly accepting things of value. He has admitted receiving $29,000 from three chiropractors while seeking legislation they favored.

The U.S. Probation Office develops a sentencing range for defendants after evaluating their criminal histories and other information.

Bell said he was previously told by probation officials that their evaluation would not include Black's role in providing former Rep. Michael Decker with $50,000 in campaign checks and cash as part of a deal to win Decker's support in the 2003 speaker vote. Decker, who has said the money was a bribe from Black, has been sentenced to four years in prison.

Black has denied that claim, though he did plead guilty in state court to bribery and obstruction of justice charges. In state court, he offered what is known as an "Alford" plea, in which defendants plead guilty because they see no other more favorable alternative.

On Tuesday, Bell said he received the probation office's report, and it includes the bribery case in the sentencing calculations. As a result, Bell said, he is entitled under federal criminal procedure rules to have at least 35 days from that date to review the probation office's report before sentencing.

"To respond to the erroneous sentencing guidelines calculations in the [report], counsel will need to provide the Court with extensive briefing," Bell said.

He added he would likely have to subpoena more witnesses for the sentencing hearing to fight a longer sentence.

Federal prosecutors said in response to Bell's request that he does not need the additional time. They said that Bell was informed as early as April in a draft of the sentencing report that the Decker case could come into play, which satisfied the federal notification requirements.