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Hamilton denied bid to remain free during appeal

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Former state Del. Phillip A. Hamilton must report to prison authorities Monday and will not remain free pending his appeal of bribery and extortion convictions.

In a three-page order Thursday, U.S. District Court Judge Henry E. Hudson said that while Hamilton was not a flight risk, he did not believe any of the questions raised by Hamilton on appeal were likely to result in a reversal or a new trial.

Hamilton, 59, a Newport News Republican who was once vice chairman of the House Appropriations Committee, was convicted in a U.S. District Court jury trial in Richmond in May. Hudson sentenced him last month to 9½ years in prison.

Hamilton arranged $500,000 in funding in 2007 to start the Center for Teacher Quality and Educational Leadership at Old Dominion University. In exchange, Hamilton was hired as its director and eventually paid a total of about $80,000.

Hudson noted in his order Thursday that since he sentenced Hamilton to a term below that called for under federal sentencing guidelines that it was unlikely an appeals court would find he is entitled to a reduced sentence.

The guidelines called for a term ranging from 151 to 188 months, but Hudson found the guideline range was somewhat distorted because it factored in the $1 million — two $500,000 appropriations — received by ODU, and not Hamilton's total benefit of about $80,000.

Hamilton has filed for bankruptcy and was working at a golf course pro shop last month. Hudson allowed him to remain free until reporting to federal authorities.

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