Sentencing reset again for Kerley, Whaley

Nov. 15, 2012 @ 06:03 PM

A federal judge has once again rescheduled the sentencing hearing for a local attorney and developer who were convicted earlier this year on federal fraud charges.

Attorney Jerry Kerley and developer Jeffrey Whaley were convicted in May on charges of conspiracy to commit wire fraud affecting a financial institution, wire fraud affecting a financial institution relating to the purchase of real property, bank fraud in submitting a false HUD-1 statement relating to the purchase of real property, false statements to a bank relating to the purchase of real property and money laundering relating to the purchase of real property.

The sentencing hearing for the pair was scheduled for today, but court documents indicate it has been reset again, this time to Feb. 11.

Judge Thomas Phillips rejected motions by the pair to overturn their conviction. However, Kerley’s attorneys also filed a notice of objections to the presentence investigation report, a document Phillips will use in determining his sentence. Whaley’s attorneys indicate he has no objections to the findings of his report.

The notice that the sentencing hear was filed Oct. 30 and does not give an explanation as to why the proceedings were reset. However, it came a day after Kerley’s attorneys filed their notice of objections to the presentencing report.

They have not yet filed more document outlining their objections.