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US Supreme Court won't take up Sheldon Silver's case

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Copyright 2020 The Associated Press. All rights reserved.

FILE - In this July 20, 2020 file photo, former New York Assembly Speaker Sheldon Silver leaves U.S. District Court after he was sentenced to 6 1/2 years in prison in the corruption case that drove him from power, in the Manhattan borough of New York. The Supreme Court is declining to take up the case of the former New York Assembly Speaker, who is serving a 6 1/2-year prison sentence after being convicted in a corruption case. (AP Photo/John Minchillo)

WASHINGTON – The Supreme Court declined Monday to take up the case of former New York Assembly Speaker Sheldon Silver, who is serving a 6 1/2-year prison sentence after being convicted in a corruption case.

The high court's decision not to hear Silver's appeal is another sharp blow to the Manhattan Democrat, who was once one of the three most powerful state officials.

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Silver was ousted as speaker in 2015 and was convicted later that year. His original conviction was overturned on appeal, but he was convicted again in 2018. Part of that conviction was then tossed out on another appeal, leading to yet another sentencing in July.

Silver, 76, began serving his sentence in August.

In the part of the case that survived the appeal process, Silver was convicted in a scheme that involved favors and business traded between two real estate developers and a law firm. Silver supported legislation that benefited the developers. The developers then referred certain tax business to a law firm that paid Silver fees.

Two justices, Neil Gorsuch and Clarence Thomas, said they would have heard Silver's case.

Earlier this month, The New York Times reported that President Donald Trump was considering clemency for Silver, but ultimately no pardon or sentence reduction was granted.

Silver has been serving time at the federal prison in Otisville, about 80 miles (130 kilometers) from New York City.

Before his conviction, Silver was a giant in New York politics.

First elected to the Assembly in 1977, he became speaker in 1994, holding that position for more than two decades. For nearly half that time, during the administration of Republican Gov. George Pataki, he was the most powerful Democrat in the state.

Silver's lawyers had asked the court to consider allowing him to serve his sentence at home because of the risk of contracting COVID-19 and dying in prison. But District Judge Valerie Caproni said issuing a sentence without prison time was inappropriate because Silver was guilty of “corruption, pure and simple.”