LOS ANGELES — A federal judge yesterday denied gay porn star Jarec Wentworth’s bid to extend sentencing to Jan. 11.
Wentworth this summer was convicted on six counts of extorting Donald Burns, a multimillionaire Magic Jack exec who admittedly had a penchant for sexual affairs with gay porn stars.
His sentencing hearing is slated for Oct. 26. He could face up to nine years in prison.
Wentworth, who worked on SeanCody and Men.com productions, threatened to expose Burns’ "sexual liaisons" online and a jury found him guilty.
Burns, meanwhile, has filed a petition with the court to take back Wentworth’s forfeited property — nearly $446,000 — which was allegedly the extorted money.
The Justice Department is scheduled to set forth its position on the seized funds by Monday, with a formal hearing slated at Los Angeles federal court set for Sept. 25.
The sentencing delay was a tactical one for Wentworth, his counsel told the court.
“The reason this continuance is requested is that defense counsel believes that [Wentworth] may have a claim to U.S. citizenship that would require amendment of the presentence report, which currently references [Wentworth] as a permanent resident,” his counsel said in a motion. “Defense counsel further believes that ascertaining [Wentworth’s] citizenship prior to sentencing is necessary because citizenship can affect placement in a [prison] facility, eligibility for residential drug abuse programs and other Bureau of Prisons programs, eligibility for a halfway house, and deportation following a term of custody.
"Defense counsel represents that additional time is needed to conduct research, collect documents, and contact governmental entities in relation to [Wentworth’s] potential claim of citizenship.”
So far, one element of the Wentworth extortion trial has yet to be determined: Whether the 9th U.S. Circuit Court of Appeals will decide to review U.S. District Judge John Walter’s decision to dismiss the seventh count in his indictment.
Walters tossed that count against Wentworth because of a recent U.S. Supreme Court ruling in Johnson vs. U.S. that held that criminal statutes that impose sentencing enhancements for violent felonies are unconstitutionally vague and violate due process.
Wentworth had a gun in possession when he was arrested by the FBI.
He currently is being housed at the U.S. Metropolitan Detention Center as prisoner No. 68794-112.
