More bad news for attorney Lynne Stewart today. The Second Circuit polled its members and there weren't enough votes for en banc review of the appeals court decision vacating her 28 month sentence because it was too light. (Views on her conviction here.)

The opinions were issued as the circuit announced it was declining to rehear en banc a November ruling by a three-judge circuit panel that was itself sharply divided over the leniency shown Stewart by Koeltl.

On Nov. 17, a majority of Judges Robert Sack and Guido Calabresi faulted Koeltl for failing to make a finding on whether Stewart committed perjury at her trial. In vacating the "strikingly low" sentence, the majority remanded the case and directed Stewart be sent to prison immediately.

Two judges issued a dissenting opinion saying they would have granted en banc review. But not because they thought she shouldn't be sentenced more severely. The opinions are here.