Lawyers for Arthur Gilmore and Robert Stevens are trying to get a new trial granted for the pair saying an improper relationship between a U.S. Attorney and FBI investigator didn't result in a fair trial.
A status hearing was held in the case today and Federal Judge Donald Walters said Monday's hearing is continued without a new date being set.
Defense lawyers also claim a witness for the FBI may have used his knowledge of the relationship to manipulate the government.
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Then in April a judge sentenced Gilmore to 41 months and Stevens to 51 months behind bars. Despite the appeal the two can also move forward with the new trial motion.