Martha Stewart loses appeal for new sentence, early release

[JURIST] US District Judge Miriam Goldman Cedarbaum Monday denied an appeal by Martha Stewart [JURIST news archive] to modify or change her sentence. The appeal would have led to an early release from house arrest. Stewart argued that she should be resentenced because of the US Supreme Court decision in US v. Booker [Duke Law backgrounder] which found federal sentencing guidelines were advisory and no longer mandatory. Judge Cederbaum rejected this assertation saying she would have imposed the same sentence even if the federal guidelines were advisory. Stewart also asked for a relaxing of her detention, including the removal of an electronic monitoring device from her ankle. Stewart was convicted on criminal charges stemming from a personal stock sale. Read Judge Cedarbaum's order [PDF]. CNN has more.



 

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