Prosecutors on Tuesday asked the 11th U.S. Circuit Court of Appeals for a 90-day stay of the issuance of what is known as a “mandate” that would carry out last week’s ruling.
“For good cause, the United States requests this court to stay the issuance of the mandate for 90 days to allow the acting solicitor general time to determine whether the United States will seek review in the Supreme Court,” the request said.
The Atlanta-based appellate court, in a 7-4 decision, ordered a new trial for Brown, who was convicted in 2017 on 18 felony counts related to an alleged charity scam.
The ruling said a juror was improperly removed from Brown’s trial because he said the “Holy Spirit” told him Brown was not guilty.
Brown, 74, was a member of the U.S. House from 1993 to 2017, after serving in the state Legislature.
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Corrine Brown headshot, as US Representative of Florida
House Railroads, Pipelines and Hazardous Materials subcommittee chair Rep. Corrine Brown, D-Fla. presides over the subcommittee's hearing on the future of railroads, Wednesday, Jan. 28, 2009, on Capitol Hill in Washington. (AP Photo/Lawrence Jackson)
Corrine Brown headshot, as US Representative of Florida
Rep. Corrine Brown, D-Fla., addresses a news conference in Orlando, Fla., Monday, Nov. 15, 1999, stating she and other black leaders are outraged at Gov. Jeb Bush's order to end affirmative action and minority set-asides in Florida. Listening, left, is Orlando City Commissioner Daisy Lynum. (AP Photo/Peter Cosgrove)
Rep. Corrine Brown, D-Fla., left, addresses a news conference prior to the start of the Rev. Jesse Jackson's Wall Street Project conference, in New York, Tuesday, Jan. 11, 2005. From left are: Brown; Kim Keenan, president of the National Bar Association; Jackson; Manhattan Borough President C. Virginia Fields; and Bruce Gordon, former president of Verizon retail markets. (AP Photo/Richard Drew)
FILE - In this Aug. 13, 2015 file photo, Rep. Corrine Brown, D-Fla. talks with the press in Tallahassee, Fla. Rep. Brown, who more than two decades ago became one of the first blacks elected to Congress from Florida since reconstruction, is battling to stay in office amid a criminal indictment and a revamped district that includes thousands of new voters.(AP Photo/Mark Wallheiser, File)
Corrine Brown headshot, as US Representative of Florida
The Jacksonville Democrat was convicted on fraud and tax charges related to her role in using contributions to the One Door for Education charity for personal expenses and events.