Feds ask court to toss Murdaugh sentencing appeal

CHARLESTON, S.C. (WCSC) - Prosecutors want Alex Murdaugh’s federal sentencing appeal dismissed.

U.S. Attorney Adair Boroughs, in court documents filed Thursday, said part of Murdaugh’s plea deal included a partial waiver of his appeal rights.

“Murdaugh’s appeal waiver bars the Eighth Amendment claims raised in his opening brief. He ‘waive[d] the right to contest either the conviction or the sentence

in any direct appeal,’” Boroughs said.

Court documents contest Murdaugh’s appeal does not fall under the provisions of ineffective counsel, prosecutorial misconduct or future changes to the law. The only options the former attorney had to seek an appeal.

Murdaugh pleaded guilty to 22 federal financial crimes on April 1, 2024, and was sentenced to 40 years by District Judge Richard Gergel. Murdaugh’s intent to appeal came two weeks later.

Murdaugh’s defense team argued the 40-year sentence a de facto life sentence for the 55-year-old who is currently serving two life sentences for the murders of his wife, Maggie, and son, Paul.

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In the appeal, Murdaugh’s lawyers argue that even if Murdaugh served the required 85% of his sentence he would still be required to serve 34 years. They say that Murdaugh’s life expectancy is only about 24 years, according to the Social Security Life Expectancy Table.

Court documents state the guidelines for the sentence should have landed between 17 and 22 years and cite three other cases with similar circumstances that had median sentences of 17.5 years.

Both the defense and prosecution originally requested a 30-year sentence, but Gergel said he sentenced Murdaugh to a harsher punishment than suggested because Murdaugh stole from “the most needy, vulnerable people” like a client who became a quadriplegic after a crash, a state trooper who was injured on the job, and a trust fund meant for children whose parents were killed in a wreck.

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Murdaugh’s attorneys argue that the sentencing is a “backstop” to make sure he served time for the murders.

“It was to make sure that Murdaugh would be held accountable for his 15 years of fraudulent conduct in the event his murder convictions are overturned,” Boroughs said.

The defense is asking the court to send the case back to district court for resentencing with a new judge from outside the district.

Arguments in Murdaugh’s appeal were originally scheduled for late October in Richmond. A filing from the court on Thursday said that hearing has been continued and will be set for a later date.

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