TOPEKA, Kan. (AP) _ The former chief executive officer of Westar Energy is seeking to overturn an appeals court decision that could send him back to prison.
David Wittig this week asked the entire 10th U.S. Circuit Court of Appeals to rehear his case and throw out a decision issued last month that upheld a 24-month prison sentence for bank fraud.
That decision was issued by a three-judge panel of the appeals court. It said that while U.S. District Court Judge Julie Robinson went above sentencing guidelines of only six months in prison, the panel felt Robinson provided adequate justification.
Wittig claims Robinson's decision is based on faulty calculations but the three judge panel simply "rubberstamped'' it.
Wittig was convicted in 2003 of helping a Topeka bank president hide a loan from regulators.
(Copyright 2008 by The Associated Press. All Rights Reserved.)