Little solace seen in ruling


BY ANTHONY M. DESTEFANO AND PATRICIA HURTADO
January 14, 2005

Martha Stewart should not expect to be sprung from prison early, despite a U.S. Supreme Court ruling tossing out federal sentencing guidelines.

In fact, local federal prosecutors and defense lawyers don't expect the high court ruling to bring a flood of appeals from criminal defendants sentenced in the city's two federal courts.

"We intend to continue to argue for sentences within the guidelines range," said Assistant U.S. Attorney Dan Alonso, chief of the criminal division in Brooklyn. "We don't believe the opinion applies retroactively, so unless the defendant is on direct appeal or pending sentencing in district court, the case probably won't help."

In its 5-4 ruling Wednesday, the top court said sentencing guidelines established by Congress should be advisory and not mandatory. It said that defendants' rights are violated when judges impose sentences on facts not decided by the jurors.

Gerald Lefcourt, a former president of the National Association of Criminal Defense Lawyers, said he did not expect sentences to be much different.

"We have now reverted back to a discretionary system, but I don't think it will change that radically," he said of sentencing. The benefit, he said, is that judges are "no longer bound in this terrible thicket."

Attorneys expect challenges will be filed in light of the decision, including the sentence being served by Stewart. "Technically the sentence is probably an invalid sentence," her attorney, Robert Morville, said.

But U.S. Attorney David Kelly of Manhattan disagreed. "Martha Stewart's sentence is completely reasonable and will be upheld," he said, noting it fell within the lower range of the guidelines.

Stewart, who was sentenced to 5 months in prison and 5 months' house arrest for lying about a stock sale, is now less than two months away from the end of her term at a federal prison in Alderson, W.Va.

Mark Pomerantz, a former federal prosecutor in Manhattan, called the top court's ruling a positive step. "Statistically, it's crystal clear that many, many more defendants got hurt by the guidelines than got helped by them," he said. "So I think the defense bar is delighted to see them lose their force."

Among those expected to benefit from the ruling, Pomerantz predicted, is one of his clients - Frank Quattrone, the former Credit Suisse First Boston technology banker.

Quattrone, who remains free pending appeal, was sentenced to 18 months after being convicted of two counts of obstruction of justice and one count of witness tampering. Pomerantz has argued that Quattrone's sentence exceeded the guidelines by two months.


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