A federal judge in Nashville reduced the prison sentence of former Tennessee Rep. Robin Smith to one year of probation on Monday, The Associated Press reported.
U.S. District Judge Eli Richardson issued the change in Smith’s public corruption case, after Smith had been slated to report to prison for an eight-month sentence, according to the report.
The decision came after President Donald Trump pardoned former House Speaker Glen Casada and his onetime aide, Cade Cothren, sparing them time behind bars. In September, the judge sentenced Casada to three years in prison and Cothren to 2 1/2 years, AP reported.
The corruption case centered on alleged efforts involving a shadow company, Phoenix Solutions, that prosecutors said was created with the knowledge and support of Casada and Smith. Prosecutors said the scheme used a fictitious name, “Matthew Phoenix,” and that companies controlled by Casada and Smith received roughly $52,000 in taxpayer money in 2020 connected to a program lawmakers used to send mailings to constituents.
AP reported that Smith pleaded guilty to one count of honest services wire fraud and cooperated with prosecutors. The report said Smith’s testimony helped prosecutors secure convictions against Casada and Cothren at trial, and that a jury found Casada and Cothren guilty of various charges including use of a fictitious name to carry out fraud, honest services wire fraud and money laundering.
Smith’s attorneys asked the judge to reduce her sentence to probation, arguing it would be a “manifest injustice” if she alone went to prison for “collective criminal activity” alongside Casada and Cothren, AP reported. The U.S. Attorney’s Office also favored probation in the “narrow circumstances,” the report said, adding that it “has not identified another federal case in which a testifying conspirator reported to prison after an equally culpable conspirator was pardoned.”
In a statement Monday, Smith said she is still seeking a pardon from Trump and has “continued faith in this process,” AP reported. She also said she was “overwhelmed with kind words, prayers, and continued support of those whose friendships are literal treasures,” and added, “God’s goodness has been through people. Just amazing!”
Smith’s attorney, Ben Rose, said a presidential pardon would resolve Smith’s probationary term and allow her to recover nearly $30,000 she had paid in restitution, according to the report.
AP said the judge’s reason for changing Smith’s sentence was filed under seal. The report said the trial addressed conduct while Casada was a lawmaker but after he resigned as speaker in 2019 following a no-confidence vote by fellow Republicans amid swirling scandals, and after Cothren stepped down in 2019 amid allegations.
At trial, AP reported, prosecutors said a “Matthew Phoenix” signature ended up on an IRS tax document, and that the goal was to use state-funded work to launch into more lucrative business opportunities. Smith testified, the report said, that the scheme’s goal was to hide who was behind Phoenix Solutions because of the “radioactive” scandal that pushed Casada and Cothren out of power.
The Associated Press reported that Smith, a former county and state Republican leader, resigned her state House seat in early 2022 amid her plea deal.