Martha is getting Blakelyized, while Olis isn’t

Interestingly, Martha Stewart, according to this story, is going to be free pending appeal because of Blakely. Judge Cedarbaum apparently told Stewart:

In view of the turmoil resulting from the Supreme Court’s decision in Blakely v. Washington, I grant your application for a stay of sentence pending appeal.

Meanwhile, according to this story, US District Judge Sim Lake denied a request by former Dynegy Inc. finance executive Jamie Olis — who I believe has just recently started serving his severe 24-year term for a fraud calculated to have resulted in a huge financial loss — to be freed from prison pending an appeal of his November conviction.

Though I am not intimately familiar with either case, my first reaction is that Olis generally has a much, much stronger Blakely claim on the facts. But, of course, as of this writing the guidelines are still in force in the Fifth Circuit while everything is still up from grabs in the Second Circuit while we wait for the Justice to speak about the certified questions. Plus, though I am really not an expert on these issues, I think different considerations come into play when the question is freeing someone already incarcerated, as opposed to allowing someone to remain free. Thoughts?