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October 23, 2009

District judge and lawyers not sure what to do in Nacchio case after sentence reversal

This notable local report concerning a high-profile white-collar resentencing proceeding highlights an all too common problem after a circuit court reverses an initial sentence in a complicated case:

A re-sentencing hearing date could not be set for convicted ex-Qwest CEO Joe Nacchio on Friday after the judge and attorneys puzzled over the scope of the appeals court ruling that sent the case back to district court.

The U.S. 10th Circuit Court of Appeals tossed out Nacchio’s six-year sentence on insider trading in July. The ruling left him convicted on 19 felony counts but found that the lower court erred when it calculated the financial scale of Nacchio’s crime....

The 10th Circuit appeals court found that Nottingham incorrectly based his sentence on the total stock sale instead of just Nacchio’s financial gain connected to the information Nacchio did not make public. A smaller financial gain could, under federal sentencing guidelines, mean less prison time and a smaller fine for Nacchio.

U.S. District Court Judge Marcia Krieger, the prosecution and defense had different ideas Friday about how broadly Nacchio’s sentence could be reconsidered.

Federal prosecutors and Nacchio’s defense lawyers will have until Nov. 2 to reach agreement or file arguments on whether all factors in the case should be considered in resentencing Nacchio, or whether the 10th Circuit’s decision left Krieger a narrower set of factors to consider.

Krieger scheduled court dates out to Jan. 2, 2010, but didn’t set a sentencing hearing. Krieger said she can’t set a sentencing date without knowing whether hearings over evidence or witness testimony will be necessary.

October 23, 2009 at 05:08 PM | Permalink

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Comments

Often wondered if Nacchio would have been charged with anything (let alone convicted on 19 felony counts) if he'd simply played along with Bush's warrantless spying program.

These sinister powers the government possesses to demonize and squash unruly citizens are simply terrifying.

Posted by: John K | Oct 24, 2009 9:03:47 AM

John K.

I think there is a different lesson. Namely, if you are gonna stand up to the big boys have your nose clean. I respect what Qwest did re: spying program but I think it's also obvious that his hand was in the cookie jar. He gave them the opening, they slammed him for it. Was there a direct connection? Who knows. But if had kept his nose clean we wouldn't be wondering.

Posted by: Daniel | Oct 25, 2009 12:40:16 PM

"John K.

I think there is a different lesson. Namely, if you are gonna stand up to the big boys have your nose clean. I respect what Qwest did re: spying program but I think it's also obvious that his hand was in the cookie jar. He gave them the opening, they slammed him for it. Was there a direct connection? Who knows. But if had kept his nose clean we wouldn't be wondering."

Maybe so BUT it's STILL BLACKMAIL and last time i looked it was STILL A CRIME. Sorry if i can't legally blackmail people NEITHER can the govt officials who according to the CONSTITUTION get their AUTHORITY FROM ME.

Posted by: rodsmith3510 | Oct 27, 2009 2:07:26 AM

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