Published: Sep 21, 2010 11:32 PM EDT
Updated: Sep 21, 2010 8:27 PM EDT

LEE COUNTY, Fla. - A convicted Southwest Florida real estate agent is back home after spending the last year in prison. Samir Cabrera was released yesterday as he awaits appeal.

Friday, a US. District Court Judge reinstated Cabrera's $100,000 signature bond. For now, he's a free man, home with family, and awaiting his ultimate fate, a decision that could take some time.

As part of his bond, a judge ordered him to live with his father in South Fort Myers. He had little to say, but his aunt told us he's happy to be back.

Cabrera was convicted in January of 2009 of wire fraud and money laundering after ripping off investors in Lee County land deals on Fiddlesticks Boulevard. It cost them $2.8 million. Cabrera was later sentenced to ten years in prison.

But he was released only one year into that sentence after the Supreme Court narrowed the honest services fraud law under which Cabrera was convicted to the point it no longer applied to him.

Federal prosecutors say the convicted real estate agent should get a new trial. The defense disagrees.

If the court decides against a new trial, then Cabrera is a free man. If they decide for a new trial, he goes back before a judge. While in theory, the court could still uphold the conviction, the government conceded those convictions can't stand.

Cabrera's attorney Russell Rosenthal said a final decision may not come until next year.