Judge’s unusual prison promise is upheld on appeal

A year in prison or five years on probation?

Kenneth Keatings didn’t hesitate when a federal judge in Kansas City made him that unusual offer.

Of course, there was a caveat. Violate probation, U.S. District Judge Dean Whipple told him, and he would be sent to prison for 10 years.

“Don’t gamble with this,” Whipple warned in 2013. “And, remember, Keatings, I’m threatening 10 years if you break this thing, 10 years in prison. That will put you in a retirement home when you get out if you violate the probation.”

No problem, Keatings told him.

“You’ll never see me again,” he vowed.

“Never” lasted four months. Keatings was back in court for violating his probation for doing drugs and drinking.

“Mr. Keatings, I told you what I was going to do,” the judge said. “I’m going to do it. I’m revoking your probation. I’m imposing a sentence of 10 years in the bureau of prisons.”

On Wednesday, the 8th U.S. District Court of Appeals upheld the 10-year sentence, rejecting Keatings’ argument that the judge made a procedural legal error and had abused his discretion by imposing an unreasonable sentence.

The case against Keatings, 57, stemmed from his possession of a handgun found during a police search of a Kansas City house. Because he was a convicted felon, it was illegal for Keatings to have a gun.

According to the Federal Bureau of Prisons, he is now serving his sentence at a facility in Arkansas. He is not eligible for release until August 2022.

This story was originally published June 3, 2015 at 1:45 PM with the headline "Judge’s unusual prison promise is upheld on appeal."