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Court: Martha Stewart Must Be Resentenced

By Jeralyn, Section Crime in the News
Posted on Sat Mar 19, 2005 at 09:06:05 AM EST
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Late Thursday, the Second Circuit Court of Appeals ruled that Martha Stewart can be resentenced because the guidelines are only advisory, not binding, since the Booker and FanFan cases.

Martha's lawyers may seek to end her period of house arrest, asking that she be allowed to do community service or probation instead. The Judge can re-impose the same sentence or a different one.

The ruling is a routine one that has been granted by the appeals court in all cases in which the defendant was sentenced before January 1, 2005, according to the U.S. Attorney's office. [hat tip Sentencing Law and Policy.]

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    • Court: Martha Stewart Must Be Resentenced | 3 comments (3 topical)
    Re: Court: Martha Stewart Must Be Resentenced (none / 0) (#1)
    by Talkleft Visitor on Sat Mar 19, 2005 at 09:25:42 AM EST
    can not must and probably not

    Re: Court: Martha Stewart Must Be Resentenced (none / 0) (#2)
    by Talkleft Visitor on Sat Mar 19, 2005 at 10:21:02 AM EST
    Free Martha put bush under house arrest.

    Re: Court: Martha Stewart Must Be Resentenced (none / 0) (#3)
    by Talkleft Visitor on Sat Mar 19, 2005 at 03:56:29 PM EST
    In reading these reports, I wondered if it is also possible that "resentencing" at the judge's discretion could result in an increased penalty (I'm not saying that it would, but just wondering about the possibility). Then I found money.cnn.com's report adding this:

    Some legal experts said Monday that Stewart could seek to be freed from home confinement earlier than her scheduled August release. But if she does, she risks the possibility, however remote it may seem, that Judge Cedarbaum would increase her sentence. They said there's also the public relations fallout to consider: Prosecutors would likely object to a reduced sentence and, to back up their opposition, dredge up all of the reasons why her sentence was justified.

    Court: Martha Stewart Must Be Resentenced | 3 comments (3 topical)