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WASHINGTON
Robert McDonnell

Virginia's ex-governor ordered to report to prison Feb. 9

Nick Ochsner
WVEC-TV, Hampton-Norfolk, Va.
Former Virginia Gov. Bob McDonnell, center, hugs his daughters Cailin Young, left, and Jeanine McDonnell Zubowsky, after speaking outside federal court Jan. 6, 2015, in Richmond, Va.

RICHMOND, Va. — Former Virginia governor Bob McDonnell will have to appeal his corruption conviction from behind bars, a federal judge ruled Tuesday.

Judge James R. Spencer denied McDonnell's request to remain free during the appeal and must report to prison Feb. 9.

Appeals court justices could reverse that decision, and within a few hours of Spencer's ruling, McDonnell's lawyers filed a two-page notice of appeal with the 4th U.S. Circuit Court of Appeals here.

McDonnell lawyerJohn Brownlee expressed disappointment with the court's decision and said the former governor's legal team will ask the appeals court to review it.

McDonnell was convicted Sept. 4 of 11 felony corruption charges and sentenced to two years in federal prison earlier this month. The jury found McDonnell and his wife guilty of taking more than $165,000 in gifts and loans from businessman Jonnie Williams in exchange for promoting his company's nutrition supplements.

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Williams, who stepped down as chief executive of Star Scientific in late 2013, was given immunity from prosecution in exchange for his testimony.

Prosecutors had sought a sentence of 10 years for McDonnell, the first Virginia governor to go on trial and be convicted of a crime. After McDonnell's conviction, his lawyers asked that he serve about three years of intensive community service.

McDonnell's lawyers filed a motion for bond pending appeal days before the sentencing. They argued that their appeal will raise issues that could result in some of the convictions being thrown out or an appellate court ordering a new trial.

On Monday, McDonnell's lawyers argued that the appeal could take almost as long as the sentence itself. The former governor wants the appeals court to review the corruption charges against him, arguing that many of them are unconstitutionally broad.

His lawyers have not filed the formal appeal.

Federal prison officials have not decided yet where McDonnell will serve his sentence.

McDonnell's wife, Maureen, also was convicted of corruption charges. She's due to be sentenced on Feb 20.

Contributing: The Associated Press

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