Former Norfolk sheriff's appeal against public corruption charges rejected

NORFOLK, Va. (WAVY) — A federal court has denied former Norfolk Sheriff Bob McCabe's sentencing appeal, meaning he will remain in prison.

McCabe was sentenced in 2022 to 12 years in prison for public corruption.

He was found guilty of entering into agreements with sellers in exchange for cash, travel and entertainment.

The decision to dismiss his appeal was issued Monday by the 4th U.S. Circuit Court. McCabe's lawyers had argued that his trial was unfair because it took place before that of another co-accused, Gerrard Boyle. They also argued that the trial court erroneously allowed hearsay statements from a so-called “undersheriff,” and they challenged the jury's instructions, including bribery, and they challenged “the application by the court of an 18-level sentence enhancement”.

Boyle was sentenced in February 2022 to three years in prison and fined $35,000 after pleading guilty in October 2021 to a federal conspiracy charge, with the plea coming just six weeks after a jury found McCabe guilty.

“We are satisfied that each of Sheriff McCabe's assertions on appeal lack merit, and we affirm his convictions and his sentences,” the ruling states.

The maximum sentence could have been more than 200 years in prison, and prosecutors had requested 20. McCabe will also have three years of supervised release, and he could also be released for good behavior after serving 85 percent of his sentence, which which is about 10 years.

McCabe was convicted in August 2021 of all 11 counts he faced, including conspiracy to commit honest services mail fraud, honest services mail fraud, conspiracy to obtain property under color of official right, obtaining property under color of official right and conspiracy to commit money. whitening.

In a statement at the time of his sentencing, McCabe said: “I sit before you today as a humble and convicted public servant of 40 years. I deeply and truly regret [am] full of remorse for my ill-advised and reckless decisions which led me, among other things, to blur the lines between professional and personal relationships. I take full responsibility for my selfish actions. It is clear that I exercised very poor judgment and [am] ashamed of my decisions.