Former Indianapolis attorney William Conour is appealing a second resentencing for his wire fraud conviction after a district court judgment imposed a 10-year federal prison sentence for the third time late last month.
Conour filed a notice of appeal on Tuesday, less than two weeks after Judge Richard Young of the U.S. District Court for the Southern District of Indiana resentenced the convicted fraudster to a term of 120 months and more than $6 million in restitution. The March 22 hearing marked the second time Conour came before Young for resentencing, this time prompted by a 7th Circuit remand of Conour’s case after the appellate court determined he was not given the opportunity to allocute at his first re-sentencing.
Conour argued at his March resentencing hearing that because he only pleaded guilty to one count of wire fraud, he could only be held liable for the victim considered in that count, James Fox. He also claimed he did not owe Fox any money, so he should not be ordered to pay restitution.
After noting several times that Conour’s sentencing argument seemed to indicate he was withdrawing his guilty plea — and once even threatening to send the case to a jury — Young reimposed the same 10-year sentence that Conour has received each time he has come before the court since his original 2013 sentencing.
Conour’s most recent appeal was docketed Tuesday as United States of America v. William F. Conour, 18-1717. The former attorney — who proceeded pro se at his second re-sentencing — has also requested counsel for his appeal, so the 7th Circuit has suspended briefing on the appeal pending a ruling on his motion for appointment of a public defender.