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Podgor [Georgia State]: Martha Stewart Loses Round One on Sentence Reduction Issue

Podgor [Georgia State University College of Law]:

"We posted here that Martha Stewart's attorneys had filed to reduce her sentence in light of the Booker decision. CNN reports today that the district court will not be reducing Stewart's sentence.  As such she will need to continue the home confinement and continue to wear an ankle bracelet, and we are not talking about the fashionable kind of bracelet but rather a government monitoring device.

Stewart, like many others who are or were incarcerated, or on home confinement, are having their cases re-examined in light of Booker.  And most, like Martha Stewart, are finding that this new decision is not changing their sentence. This does not preclude these issues being re-examined by the appellate tribunal.  The problem here is that it is unlikely that the appellate court  will rule much in advance of the finishing of her sentence to home confinement.   This case is also another indication that Booker will not have the dramatic effect that some anticipated it would have. The bottom line is that the sentence stays the same." [April 11, 2005; White Collar Crime Prof Blog has the post]

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