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Posted: Wednesday, 18 November 2009 7:20AM

Jefferson should find out today when he is to go to jail



Convicted former Congressman William Jefferson may have less than three months of freedom remaining. A federal judge today should inform Jefferson when he is to report to prison, to being his 13-year stretch for bribery, racketeering conspiracy and other corruption convictions.

Jefferson's lawyers today will ask a federal judge to let their client stay out of jail pending the appeal. In order to convince they judge, they need to show that there is a good chance of getting the conviction overturned.

"He essentially will be asking the judge to conclude that it's likely that the judge made a mistake during the trial," said Loyola University School of Law professor Dane Ciolino. "That's going to be difficult to do."

Loyola law professor Dane Ciolino:

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Jefferson's lawyers also want their client sent to a minimum security prison, preferably one in the Florida panhandle. But according to Ciolino, the length of the sentence will keep that from happening, at least in the short term.

"For a sentence over ten years, the bureau of prisons will send the inmate first to a more secure prison," Ciolino said. "Eventually, I think there's almost no doubt that Mr. Jefferson will wind up at a level one prison camp, rather than at a penitentiary or prison with a higher degree of security."

Prosecutors have suggested that Jefferson, with his business contacts in Africa, might be at risk of fleeing the country, but Ciolino said the defense will probably point out that Jefferson has given up his passport and has done nothing since his indictment to indicate he would become a fugitive.

"Without a passport and with a history of compliance with all of the court's orders" Ciolino said Jefferson's lawyers will argue that he should not be taken into custody immediately.

As for the date Jefferson will go to jail, Ciolino said, "I would expect that this case would be handled like most white collar cases are handled, that is, that the judge will allow Mr. Jefferson to self-surrender to the Bureau of Prisons in approximately 60 to 90 days."

   

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