Guidelines Gone WildEver since Stewart's lawyers lost the case in March, they have been intent on trying to get their client a new trial, but both motions failed with Judge Cedarbaum and they won't affect her sentencing tomorrow. But hope springs eternal, and lead attorney Robert Morvillo and company will try to exploit the current confusion over federal sentencing guidelines following the Supreme Court's recent decision in the Blakely vs. Washington case.
Time Is EverythingRiopelle predicts that Stewart will be sentenced to one year and one day. And what a difference a day makes. With sentences greater than one year, the criminal needs only to serve 85% of the time if he or she demonstrates good behavior. For example, at the sentencing of Alfred Taubman, former chairman of Sotheby's Holdings ( BID), his lawyer requested the judge add a day onto the one-year sentence. The judge acquiesced to the seemingly counterintuitive request and Taubman eventually was released in less than a year. Based on that equation, a sentence of a year and a day could be reduced to 10 months, which also happens to be the low end of the range. But that does not necessarily mean Stewart will spend the entire time in one of the two minimum-security prisons most likely to be her latest fixer-upper. There's also what could be called the town-and-country option, involving the two-residence lifestyle Stewart had previously enjoyed. Judge Cedarbaum has the option to split the diva's time between federal prison and house arrest, allowing Stewart to spend a minimum of five months in prison and an additional five months confined to her home in Westport, Conn. In such an arrangement, Stewart would have to wear a surveillance bracelet that notifies the local U.S. probation office if she were to stray out of her well-tended garden or in any way breach the perimeter of her property.