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A notice of appeal will be filed before the U.S. Court of Appeals by Tim DeChristopher’s lawyers.
The court gave DeChristopher a two-year prison sentence on Tuesday for tampering with a federal oil and lease auction. His attorneys said that the basis for their appeal goes back to the day when he was indicted. During that time, DeChristopher said that something was not right. In an interview with reporters in March, he said, “So before I knew or my legal team knew or anyone in the media knew I was going to get indicted the oil industry knew.”
The legal team of DeChristopher alleges that the oil and gas industry had a hand in his indictment. This argument is connected to another portion of their appeal, which is, selective prosecution. His lawyers claim that others who also placed fake bids during the oil and gas lease auctions of BLM were never charged.
One of DeChristopher’s attorney, Ron Yengich, in March, said, “The question is not why he was prosecuted, but why everybody else wasn’t.”
Furthermore, they also alleged that their client did not get the chance to explain to the jury why he tampered with the bidding process. The judge has ruled against that in 2009.
In an interview over a TV station several days after the ruling, DeChristopher, said, “Well certainly disappointment when I heard the judge’s decision.”
The argument raised by the legal team of DeChristopher is known as the necessity defense, which is a situation where someone is forced to break the law in order to prevent harm. His attorney said that the jury should know why he did it.