Celebrity federal defendant update

As others have noted here and here, oral arguments in Martha Stewart’s appeal were held this morning before the Second Circuit.  I think Martha would be entitled to a remand for resentencing on Booker grounds, though I suspect at this point she may only be seeking a reversal of her conviction.  Indeed, I wonder if sentencing issues were even raised at the oral arguments.

Of greater Booker excitement, the sentencing of former Connecticut Governor Rowland is scheduled for tomorrow, and this article reports that Rowland’s lawyers have filed a sentencing memorandum requesting a sentence below the guideline range of 15-21 months of imprisonment.  (I’d love to know if the memorandum seeks a departure, a variance, or both.)  The article suggests that the government’s sentencing memorandum to be filed later today may ask for a sentence greater than 21 months.

I pondered in this post earlier this week what sentence Rowland should get under Booker.  Most commentors predicted a within-range sentence.  Interestingly, this Hartford Courant editorial asserts that “[e]ven the maximum penalty of five years for the charge should be considered blessedly short” for Rowland.

UPDATE:  Thanks to this post from Kirby’s Reports, I now know prosecutors are recommending that Rowland receive a sentence between 30 and 37 months.  It will be very interesting to see what District Judge Dorsey decides.