A federal judge is denying former Pilot Flying J President Mark Hazelwood's bid for a new trial.
Senior Judge Curtis Collier's decision Friday clears the way for Hazelwood to be sentenced Wednesday in U.S. District Court in Chattanooga.
A jury convicted Hazelwood in February of leading a scheme to defraud some Pilot trucking customers of diesel fuel rebates. The scheme amounted to millions of dollars over at least five years. He also was convicted of witness tampering involving his former secretary.
Former Pilot vice president Scott Wombold and former sales account representative Heather Jones also were convicted and face sentencing later this year.
In May, Hazelwood changed attorneys, hiring Jim Walden, Georgia Winston and Bradley Henry.
In June, the attorneys formally filed seeking a new trial for their client. The government objected.
Collier said in a memo filed Friday that Hazelwood had three months from conviction to seek a new trial if he'd found new evidence, which he hasn't. Otherwise, he only had 14 days.
The judge ruled Hazelwood's lawyers haven't shown "excusable neglect" that would justify acting so late to seek a new trial. Their argument of ineffective assistance by Hazelwood's prior legal team, led by noted attorney Rusty Hardin, also wasn't strong enough, the judge wrote.
"The trial was fair to (Hazelwood), and a new trial is not warranted," Collier wrote.
Hazelwood likely will appeal regardless of how Collier sentences him.
Prosecutors are recommending a prison term of 14 to 17 years for Hazelwood.
