Prosecutors for the case alleged that Apollo engaged in several illegal activities that included creating fake companies and opening fake bank accounts to “funnel stolen U.S. Treasury checks and auto loan proceeds.”
With mere days to go before his sentencing, after pleading guilty to conspiracy to commit fraud, lawyers are begging the court to lower Apollo’s criminal history category, which will in turn lower his maximum term. They’ve asked the Atlanta district court to modify Apollo’s status from “Criminal History Category V” to “Criminal History Category IV.”
“A criminal history category of V substantially overstates the seriousness of Mr. Nida’s criminal past, thus warranting a departure from the Guidelines range,” his attorneys claimed in July 3 court documents noting the 35-year-old’s history of petty crimes, most of which were committed before he turned 24-years-old.
The attorney continues, “Mr. Nida’s lengthy but early small-time criminal history is simply not in the same league as the ‘violent offenders, drug kingpins and perpetrators of far more serious offenses’ that Criminal History Category V was designed to address.”
Apollo will be sentenced Tuesday, July 8 and currently faces a maximum of 30 years in prison.