Interesting Olis developments

As detailed in this AP article, Jamie Olis, the former Dynegy executive whose 24-year federal sentence case was reversed by Fifth Circuit’s about a month ago (prior coverage here and here), was back in court on Friday.  Here are some interesting details from the court appearance:

US District Judge Sim Lake … said Friday he would re-sentence Olis on Jan. 5, alongside two other former Dynegy executives who pleaded guilty to conspiracy in the scheme, Gene Foster and Helen Sharkey.

Olis’ appeal lawyer, David Gerger, had asked the judge to allow Olis to be released from prison pending a re-sentencing. Lake instead offered to order that Olis be temporarily transferred to a federal lockup in downtown Houston from the Oakdale, La., facility where he is housed until the hearing. “My inclination is not to release him to the free world,” Lake said.

Foster, Olis’ former boss, and Sharkey, a former in-house accountant, pleaded guilty to conspiracy in August 2003 for their roles.  Foster testified against Olis and implicated other former Dynegy executives — including former finance chief Rob Doty — but no one else has been charged.  Foster and Sharkey face no more than five years in prison and will be sentenced Jan. 5 as well.

Judge Lake’s comment and decision not to release Olis is notable given that Jamie Olis has already served 18 months in prison.  (Recall that some are advocating that Olis now be sentenced to time served.)  In addition, scheduling the re-sentencing of Olis along with the sentencing of Foster and Sharkey adds an interesting set of new dynamics in what was already shaping up to be a very interesting Booker resentencing.  I especially wonder what the government will be recommending for each of these defendants.