Keker cited a footnote from Blakely in which the Supreme Court paid specific attention to the questionable use of judicial findings of perjury by defendants in enhancing sentences. It would be wrong to apply the perjury enhancement to Quattrone, Keker said, because the Supreme Court in Blakely expressed clear disapproval of applying such an enhancement "unless the jury had made the appropriate finding -- and here the jury was asked something different."

Absent the application of the perjury enhancement, Quattrone, like Martha, would have been eligible for a split sentence: 5 months in jail, 5 months of home detention. Now, he must go to a federal prison and serve 85% of 18 months.

Keker's response to the Court:

"I know you think he's guilty," Keker said with an edge in his voice. "I don't have a doubt about what you think, but that doesn't mean you should hurt him beyond what the law requires."

The Judge also denied Quattrones motion for bail pending appeal. He must begin serving his sentence within 50 days.

This was a bum decision. Unless the jury was asked and found that Quattrone lied, the sentence increase should not have been applied. This chills every defendant's constitutional right to testify in their own behalf. It's an unjustly applied, added trial tax.