Fla. Judge Rules Max Hardcore Must Begin Prison Sentence

TAMPA, Fla. — U.S. District Judge Susan Bucklew denied Max Hardcore’s attorneys’ request to delay the sentence while they appeal the conviction to the 11th U.S. Circuit Court of Appeal.

Bucklew ruled that Hardcore’s attorneys did not present a compelling enough reason that his sentence would be likely overturned on appeal.

“We respectfully disagree with Judge Bucklew’s analysis,” attorney H. Louis Sirkin told XBIZ.

The setback was partially expected because filing a motion to stay the sentence pending appeal with the trial court is called for under legal procedure, Sirkin said. Now that it has been done, the motion will be lodged with the appeals court.

“Hopefully it will be filed by the end of the week,” Sirkin said.

The filing will be done in Atlanta, where eventually, the appeal will be decided, he said. It may take anywhere from seven months to a year. If it is unsuccessful, Sirkin said he was prepared to take it to the nation’s highest court.

“Ultimately we hope to get this issue before the U.S. Supreme Court,” he said. “We’re optimistic.”

Sirkin assumed the lead role in the appeals process, attorney Jeffrey Douglas, who represented Hardcore at the federal trial, recently told XBIZ.

The request to postpone the prison sentence hinged on seven issues that Hardcore’s attorneys plan to pursue on appeal. They included the constitutionality of federal obscenity statutes; publication of DVDs; the court’s refusal to recuse itself; evidence of Hardcore’s lack of knowledge that DVDs were shipped via U.S. mail; jury irregularities; lack of obscenity on the video clips and DVDs; and federal obscenity statutes and the Internet.

Bucklew denied the issues, writing in her response that just because they may lead to an overturned conviction on appeal, they were not likely to do so.

First Amendment attorney Lawrence Walters told XBIZ he thought Hardcore’s “defense raised some good faith legal issues that have at least a shot of reversal on appeal.

Still, it was “a long shot,” he said.

Related:  

Copyright © 2025 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Industry Photog, 'Payout' Founder Mike B Passes Away

Longtime industry photographer and publisher Michael Bartholomey, known widely as Mike B, passed away Saturday.

FSC Announces 2025 Board of Directors Election Nominees

The Free Speech Coalition (FSC) has announced the nominees for its 2025 Board of Directors election.

Chanel Camryn Headlines 'Babysitters Wanted 4' From Reality Junkies

Chanel Camryn toplines the fourth volume of "Babysitters Wanted" from Mile High Media studio imprint Reality Junkies.

Romi Rain Featured on 'Adult Time Podcast'

Romi Rain is the latest guest on “The Adult Time Podcast,” hosted by studio CCO Bree Mills.

Lily LaBeau, Sarah Jessie Topline 'My Lesbian Masseuse'

Lily LaBeau and Sarah Jessie headline "My Lesbian Masseuse," from Girlfriends Films.

Millie Morgan, Ken Feels Star in Latest From New Sensations

Millie Morgan and Ken Feels star in the latest release from New Sensations.

Violet Myers Leads New Gangbang From Blacked

Violet Myers stars in the latest gangbang release from Vixen Media Group studio imprint Blacked.

Violet Voss Stars in Latest From Bang Bros

Violet Voss stars with Don Sudan in a new scene for Bang Bros.

Taylor Vixxen, Bunny Madison Front Latest From Swappz

Taylor Vixxen and Bunny Madison star in the new scene from Swappz, titled “No Nut November School Survival Guide.”

Canada Exempts Online Adult Content From 'CanCon' Quotas

The Canadian Radio-television and Telecommunications Commission (CRTC) has updated its broadcasting regulatory policies, exempting streaming adult content from “made in Canada” requirements that apply to other online material.

Show More