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 © 2026 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

AV Bulletin: Canada, Italy, Australia Updates

Since the Supreme Court’s decision in Free Speech Coalition v. Paxton, more state age verification laws have been enacted around the United States, as well as proposed at the federal level and in other countries. This roundup provides an update on the latest news and developments on the age verification front as it impacts the adult industry.

Lady Gang Performs Final Scene for Immoral

Lady Gang stars in a new trilogy from Immoral Productions, alongside Matt Bird, Charlie Dean, and site honcho “Porno Dan” Leal.

Kasey Kei Leads Latest From TransSensual

Kasey Kei stars with Avery Lust and Nicole Vaunt in the latest scene from Mile High Media studio imprint TransSensual, titled “Succubus Séance.”

Virginia 'Porn Tax' Bill Delayed Until 2027

A Virginia House of Delegates subcommittee on Monday voted to postpone until next year consideration of a bill that would impose a 10% tax on the gross receipts of adult websites doing business in that state.

Adriana Chechik Returns to Tushy

Adriana Chechik stars with Dan Damage in the latest release from Vixen Media Group (VMG) studio imprint Tushy.

Yhivi Fronts New Brazzers Release

Yhivi stars with multi-XMA winners Mick Blue and Isiah Maxwell in a new release from Brazzers, titled "Immoral Yhivi."

Vixen Media Group Extends Exclusive Contract With Jason Luv

Vixen Media Group (VMG) has renewed its exclusive contract with Jason Luv.

Brazzers Premieres Limited Series 'Sleazy Rider'

Brazzers has released the first installment of its new limited series, "Sleazy Rider."

Sarah Arabic Stars in Latest From Brazzers

Sarah Arabic stars with Will Pounder in the latest release from Brazzers, titled “Shirtcocking for the Win.”

Evil Angel Debuts Pat Myne's 'Who Does It Better?'

Evil Angel has released director Pat Myne’s new title, “Who Does It Better?”

Show More