Former Cedartown Attorney Miles Lamar Gammage is scheduled to report to The Federal Correctional Institution (FCI) Talladega at noon tomorrow to begin his sentence.
On Thursday, August 22, 2013, Gammage filed a handwritten request for a 60 day medical extension due to a scheduled outpatient septoplasty surgery to relieve nasal obstructions.
In his handwritten request, he advised the court that his previous Atty. Chris Twyman filed a motion to withdraw as counsel. Gammage has also filed an indigent affidavit requesting appointment of counsel for further appeal.
Gammage explained that his medical problems are the result of a 40-year-addiction to nasal sprays and that his right and left nasal passages completely shut down every two hours without the use of the prescription nasal spray. The prescription drug Advair has been prescribed to prevent asthma until the nasal passages open up.
He stated that he was referred to a physician at the Harbin Clinic who upon examination during the first week of August prescribed the septoplasty surgery on August 26, 2013. His medical insurance confirmed approval for payment two weeks later and the surgery date was approved and scheduled.
Gammage advised that subsequent to scheduling the surgery, he received a certified letter from the U.S. Department of Justice advising him of his report date just one week after his scheduled surgery. Upon receipt of the certified letter, Gammage contacted the Talladega facility seeking advice on how to proceed with the surgery. He was advised to request a medical extension through the U.S. District Court in which he was sentenced.
Gammage was arrested in November of 2011 by Polk County Sheriff's deputies as a result of an investigation conducted by agents of the Georgia Bureau of Investigation. The investigation resulted in thirteen warrants charging the attorney with theft and forgery charges.
Gammage voluntarily surrendered his license to practice law in January of 2012 after the State Bar filed a formal complaint against him alleging violations of the Georgia Rules of Professional Conduct. The voluntary surrender is equivalent to disbarment. The State Bar filed a response stating that acceptance of the petition is in the best interest of the public.
In April of 2012, agents with the Georgia Bureau of Investigation executed a search warrant at the Gammage home as the investigation continued.
Gammage pleaded guilty to one count of mail fraud in U.S. District Court in January of 2013 and was sentenced to five years and 10 months in prison and ordered to pay a minimum of 1.3 million in restitution.
Gammage appealed his sentence to the U.S. Court of Appeals. The appeal record was certified, filed and entered last Wednesday.
No court documents have been filed at this time approving the extension.
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