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Josh Duggar’s Child Pornography Appeal Officially Terminated After New Trial Request
Josh Duggar’s child pornography appeal has officially been terminated, court documents obtained by In Touch confirm.
The disgraced TLC personality’s legal team filed an appeal after he was found guilty in a December 2021 trial and requested a new trial. However, the United States Court of Appeals for the Eighth Circuit has chosen to uphold Josh’s conviction. The mandate was issued in his case on Thursday, October 5, according to legal paperwork viewed by In Touch.
Josh’s legal team filed the appeal in June 2022 in an effort to “suppress incriminating statements” he made to federal authorities, as well as to overturn a lower court’s decision to deny another person’s previous sex offense convictions from being mentioned during the trial. Several motions for time extensions were filed, before the reality star’s legal team faced prosecution in February.
His attorney, Justin Gelfand, argued that federal agents allegedly seized the 19 Kids and Counting alum’s phone when he tried to contact his attorney during a raid at his business over a year before he was arrested in April 2021.
“[Duggar] takes out his phone, physically puts it to his ear… for the purpose of contacting his legal counsel,” Gelfand said at the time. “Federal agents physically took the phone out of his hand and deprived him of the ability to communicate with his legal counsel.”
He continued, “He was told he was free to go. No reasonable person in his shoes at that time would believe that.”
The appeal was denied in August 2023, affirming the lower court’s decision, though his lawyers asked for an extension of time and a rehearing in September. The appeal was denied again later that month before the mandate was issued in October. The mandate means that the appeal has been closed and Josh’s legal time can’t ask for another extension.
Jim Bob Duggar and Michelle Duggar’s eldest son was originally scheduled to be released from Federal Correctional Institute (FCI) Seagoville in Texas on October 10, 2032. However, In Touch exclusively revealed in September that he will now be able to leave eight days early on October 2, 2032.
An Arkansas jury found Josh guilty on one count of receiving child pornography and one count of possessing child pornography in December 2021. The latter charge was ultimately dropped during his May 2022 sentencing hearing.
Josh was originally sentenced to serve 12.5 years behind bars and was expected to be released on August 12, 2032. However, his sentence was extended after he was moved to the facility’s Special Housing Unit (SHU) for allegedly possessing a cell phone in March.
While many of Josh’s family members – including sisters Jill Duggar and Jinger Duggar – have spoken out against him following his arrest, one person that has seemingly remained by his side is his wife, Anna Duggar.
In September, an insider exclusively told In Touch that Anna, 35, was “constantly praying” about the “future” of her marriage to Josh.
“Anna is still very much questioning their future,” the family insider said at the time. “She took her wedding vows seriously and she wants to stand by her man and all that, but the reality of her situation is very difficult.”
The source added that she was “trying to stay positive, but it’s not easy.”
Josh and Anna – who tied the knot in 2008 – share kids Mackynzie, Maryella, Marcus, Mason, Michael, Meredith and Madyson.
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