Underwood Sentence Affirmed

A federal appeals court has affirmed a judge’s decision to sentence Billy Craig Underwood to nine years in federal prison.

Underwood, you’ll recall, is the former operator of American Title & Escrow Inc. of Rogers who pleaded guilty to defrauding lenders and homeowners of more than $2 million. He was sentenced in September 2010.

In an opinion filed May 24, the 8th Circuit Court of Appeals disagreed with the crux of Underwood’s appeal, that his family circumstances weren’t given due weight during sentencing by U.S. District Court Judge Jimm Hendren.

Underwood argued that his son Levi, who suffers from muscular dystrophy, requires around-the-clock care that Underwood’s wife, Rinda, cannot adequately provide.

“Although the district court did not side with Underwood in the end,” the opinion stated, “the court thoroughly considered Underwood’s role in caring for his son. The district court conducted a three-day hearing and listened to testimony regarding Levi’s special needs. The court explained that it was choosing to credit the testimony of Levi’s doctor that Levi could be cared for by one person full time with occasional assistance from others over the contrary testimony from the Underwoods.”

Underwood, as Whispers always likes to point out, is not related to the Underwood family that operates a jewelry store on Dickson Street in Fayetteville.