Court: Martha Stewart Must Be Resentenced
Late Thursday, the Second Circuit Court of Appeals ruled that Martha Stewart can be resentenced because the guidelines are only advisory, not binding, since the Booker and FanFan cases.
Martha's lawyers may seek to end her period of house arrest, asking that she be allowed to do community service or probation instead. The Judge can re-impose the same sentence or a different one.
The ruling is a routine one that has been granted by the appeals court in all cases in which the defendant was sentenced before January 1, 2005, according to the U.S. Attorney's office. [hat tip Sentencing Law and Policy.]
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