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Lynne Stewart's Appeal Brief

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Lynne Stewart's Appeal Brief - by Stephen Lendman

Numerous previous articles discussed her case, character, honor, and dedication to justice as the law demands, what it didn't afford her. Two of them covered her imprisonment and re-sentencing, accessed through the following links:

click here

click here

A brief timeline of her case was as follows:

-- indicted on April 9, 2002;

-- on February 10, 2005, convicted on all counts;

-- on October, 17, 2006, sentenced to 28 months;

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-- on November 17, 2009, a US Court of Appeals for the Second Circuit three-judge panel upheld the conviction, shamelessly accusing Lynne of "knowingly and willfully making false statements," re-directing her case to District Court Judge John Koeltl for re-sentencing, instructing him to consider enhancements for terrorism, perjury, and abuse of her position as a lawyer - an outrageous mandate intimidating Koeltl to comply.

-- on November 19, 2009, Stewart jailed at MCC-NY, 150 Park Row, New York, NY; and

-- on July 15, 2010, Stewart re-sentenced to 10 years imprisonment for doing her job honorably, ethically, and admirably with distinction for 30 years.

Disgracefully, Judge Koeltl explained it, saying:

"(C)omments by Stewart in 2006, including a statement in a television interview that she would do 'it' again and would not 'do anything differently' influenced (the) decision....indicat(ing) the original sentence 'was not sufficient' to reflect the goals of sentencing guidelines."

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Forgotten were his October 2006 comments, calling Lynne's character "extraordinary," saying she was "a credit to her profession," and that a long imprisonment would be "an unreasonable result," citing "the somewhat atypical nature of her case (and) lack of evidence that any victim was harmed...." 

He also considered her age (70), health (at times poor), distinguished career representing society's disadvantaged and unwanted, and the unlikelihood she'd commit another "crime." However, the Second Circuit Appeals Court intimidated him to comply, his own career perhaps on the line otherwise.

Initially jailed in New York, supporters can now reach her at:

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I was born in 1934, am a retired, progressive small businessman concerned about all the major national and world issues, committed to speak out and write about them.

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One wonders what the role of Obama's Justice Depar... by Robert Cowen on Monday, Apr 4, 2011 at 8:36:47 AM
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