The 2nd U.S. Circuit Court of Appeals released an amended opinion on the resentencing of Lynne Stewart (pdf) on Wednesday, adding language that appears to require Judge John Koeltl to consider a much longer sentence for the disbarred lawyer. The circuit had ruled on Nov. 17 that the 28-month sentence Koeltl gave Stewart for helping imprisoned Sheikh Omar Abdel Rahman pass messages to his followers in an alleged terror group in Egypt was too low.
A majority told Judge Koeltl to make a finding on whether Stewart committed perjury at trial and examine in greater detail her abuse of her position as a lawyer — two factors that would both increase the sentence and help the circuit evaluate whether it was reasonable. But new language was added Wednesday at the end of the amended opinion requiring Koeltl to revisit the terrorism enhancement in the federal sentencing guidelines “and take that enhancement into account” — which could add years to Stewart’s sentence.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]