The Lubbock businessman accused of $40 million in wire fraud has not gone to trial yet but he is already filing an appeal. Jeffrey Gunselman, 30, filed his notice on Tuesday to the United States Court of Appeals for the Fifth Circuit.
Specifically, Gunselman is asking the Fifth Circuit to overturn the decision of Lubbock-based U.S. District Court Judge Sam Cummings to keep him locked up until his trial date. It's called an "interlocutory" appeal - meaning it's an issue that's not directly related to the final outcome of the case.
Gunselman wants to be released from jail on bond until he goes to trial. Shortly after his arrest, a federal magistrate ruled in July that Gunselman could be released but prosecutors asked Cummings to overrule the magistrate on the basis that Gunselman was both a flight risk and a danger to society.
Gunselman and his company, Absolute Fuels, are accused of selling fake renewable energy credits. If convicted he might have to spend the rest of his life in prison.
The specific legal argument of the appeal has not been filed yet - only the notice of appeal.
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