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March 5, 2009

Should Joe Nacchio remain free on bail pending SCOTUS appeal?

This Denver Post article details that former Qwest CEO has been ordered to start serving his prison sentence later this month:

Former Qwest chief executive Joe Nacchio has been ordered to report to a Pennsylvania correctional facility on March 23 to begin serving a six-year prison term for illegal insider trading.

Nacchio has been assigned to a minimum-security satellite camp at Schuylkill Federal Correctional Institution in Minersville, Pa., 46 miles north of Harrisburg. Nacchio, a New Jersey resident, has to report to the warden by noon on March 23, according to an order entered today in Denver federal court by U.S. District Judge Marcia Krieger. "Travel will be at his own expense," the order states.

Last week, the 10th Circuit Court of Appeals reinstated Nacchio's conviction and revoked his bail in a 5-4 decision. A three-judge appeals panel had reversed the conviction, ruling that the trial judge wrongly excluded expert testimony from a defense witness.

Though I am not an expert on bail pending appeal issues, the fact that a Tenth Circuit panel originally reversed his conviction leads me to think Nacchio could make a solid case for remaining out while he pursues his claims in the Supreme Court.  But, since the en banc Tenth Circuit ruling seemed to demand that Nacchio get started with his prison term, it apparently is going to be up to the Justices to decide whether this notable white-collar defendant will be in prison or still on bail in a few weeks.

UPDATE:  At this post, How Appealing has coverage of, and links to, Joe Nacchio's bail application to the Tenth Circuit.

March 5, 2009 at 09:39 AM | Permalink


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He likely applied for bail from the Supreme Court and was refused. It's almost impossible to get bail while the Supreme Court decides whether to take your case.

Posted by: Bail | Mar 5, 2009 10:22:24 AM

Lets hope so, the crook needs to be behind bars already. This has cost the corporation millions as it is, and he just keeps bleeding them.

Posted by: Brian | Mar 7, 2009 6:28:15 PM


Posted by: dianne kennedy | Mar 12, 2009 12:14:39 AM

Well today is the day if old Joe didn't get a delay because, sob! he has cancer on his leg, sob! Well they have doc's in prison don't they? Besides it probably is a small skin cancer and easily removed. To bad. 6 years for what he has done is not long enough but hey it is 6 years out of his life. Wonder why the news media doesn't have a blup on this to let people know one more crook is on his way to the pen!

Posted by: Reed | Mar 23, 2009 6:49:50 PM

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