The U.S. 6th Circuit Court of Appeals will not allow former Memphis state Sen. Brian Kelsey (R-Germantown) to rescind his guilty plea for campaign finance violations, upholding his 21-month prison sentence.
Two years ago, Kelsey pleaded guilty to directing a secret plan to funnel over $100,000 from his state campaign account to boost his failed bid for a U.S. Congressional seat in 2016.
Kelsey tried to rescind his decision, claiming he wasn’t of sound mind because his wife had recently given birth to twins and his father, who later died, was sick.
A U.S. District judge denied Kelsey’s attempt to change his plea, but he appealed the ruling. Kelsey was allowed to remain out of prison during his appeal.
Under campaign finance regulations, a state lawmaker cannot use their state campaign account to benefit their federal campaign.
Prosecutors said Kelsey shifted money from his state campaign account through two political action committees, including one operated by Nashville club owner Joshua Smith.
Smith then gave the money to the American Conservative Union, which bought radio and digital advertisements.
As part of the investigation, Smith pleaded guilty about two weeks before Kelsey. He received no prison time but was sentenced to five years of probation and fined $250,000.
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