Sheriff Chris Eaton's announcement of resignation came in the form of a sentencing memorandum filed in federal court.
The memo said he wanted to wait on this decision until the court either approved or denied Eaton's attorney's motion for acquittal on all charges.
It was denied and this decision to resign was made by Eaton.
"We felt it was appropriate for him to hold off on that decision until we saw what the judge did with the post trial motion, but once that motion was denied, Sheriff Eaton felt strongly that the right thing to do was to resign," said Eaton's Attorney Guthrie True.
Eaton's announcement has come as a surprise to some though.
Barren County Judge/Executive Davie Greer said Eaton has not said anything to her and she's not gotten any letter of resignation from him yet either.
Sheriff Eaton was convicted of two counts of "witness tampering" involving former deputies Steve Runyon and Adam Minor in May relating to the alleged beating and cover-up of Billy Randall Stinnett in 2010.
According to the memo, he resignation will become effective on July 31st and Eaton's sentencing will be on August 1st at 9:00 am in federal court in Bowling Green.
The prosecution in this case is asking for a sentencing range of just more than seven years to nine years, while the defense is hoping for a sentencing range much less than that, ten to 16 months.
There are sentencing guidelines the judge will use to make the decision.
"All of the guidelines are advisory in nature so the judge has to take into consideration in the guidelines, but the judge also has discretion to determine whether the guideline range is appropriate and whether to go above or below it," said True.
True said Eaton is also considering an appeal.
Judge Greer said she will be the one to appoint a new sheriff and that sheriff will remain in office until the next election in 2014 which they could choose to run for the position.