FLINT, MI — A former Flint pastor who billed himself as more trustworthy with money than a banker but was convicted of conspiracy to commit wire and mail fraud says if he’s sentenced to prison it will amount to a death sentence.
An attorney for Larry Holley, 64, said in a filing in U.S. District Court late last month that his client is suffering from kidney cancer, stage four renal failure, gallstones and a chronic heart condition.
He is scheduled to be sentenced by Judge Laurie J. Michelson on Friday, Oct. 8, and federal prosecutors are asking that he be sentenced to 10 years in prison after having pleaded guilty to the fraud charge in July 2020.
The maximum penalty for the crime is 20 years in prison.
“The statute authorizes terms of imprisonment, but not the death sentence,” Holley’s attorney, F. Anthony Lubkin, wrote in a pre-sentencing memorandum to the court. “If a defendant stands to surely die while imprisoned for lack of care available only on the outside, any sentence of years is inevitably transformed into an outright death sentence, which constitutes a violation of due process …”
Lubkin’s filing also says a lower sentence is warranted because neither Holley nor his family benefitted from his crime and because he was able to consistently maintain the aggregate value of the enterprise he built “well above the aggregate amounts owed to investors so long as he had its…