Elmslie Aide Wants Resentencing Over Missing Testimony

Law360, New York (February 25, 2014, 2:27 PM EST) -- The former personal assistant to poet Kenward Elmslie who was sentenced to 10 years in prison for stealing $3.2 million and numerous works of art from Elmslie was denied his right of allocution, his attorney told the Second Circuit on Tuesday, pointing to missing court records from a presentencing hearing.

James S. Biear, who was Elmslie's driver and assistant from 2005 to 2007, was given an opportunity to speak in his own defense when he appeared for sentencing in 2012, and records indicate that he did...
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Case Information

Case Title

United States of America v. Biear

Case Number



Appellate - 2nd Circuit

Nature of Suit

Date Filed

April 6, 2012

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