[ad_1]
U.S. lawyers have opposed Mossimo Giannulli’s request to leave prison early and serve the remainder of his five-month sentence at home, days after the fashion designer urged the court.
A federal document filed by U.S. Attorney Andrew E. Lelling on Jan. 19 obtained by Fox News shows prosecutors opposing Lori Loughlin’s husband’s claim and asking the federal court to go along with them and dismiss his claim.
“The government respectfully submits this opposition to the accused Mossimo Giannulli’s motion to reduce his sentence. Giannulli maintains that the actions taken by the Prisons Office to protect him from the COVID-19 pandemic have been ‘far more extreme’ than this. that the court considered imposing and that his sentence should therefore be reduced by more than half, ”Lelling wrote in his response.
The US attorney notes that while the prosecution “recognizes that he spent a long period in quarantine – from which he has now been released – in part because he was exposed to other inmates with COVID-19 , and in part to his complaining of symptoms consistent with the virus. This possibility was not, however, unforeseeable at the time Giannulli was sentenced, and it does not provide a basis for reducing the sentence this Court has found. fair and appropriate. “
LORI LOUGHLIN’S HUSBAND MOSSIMO GIANNULLI ASKS TO SERVE THE REST OF THE FIVE-MONTH PRISON SENTENCE AT HOME
U.S. lawyers filed documents on Tuesday asking the court to dismiss Mossimo Giannulli’s request (left) to serve the remainder of his sentence at home.
(AP Photo / Steven Senne)
The government goes on to argue that “any reduction in Giannulli’s sentence would be widely publicized which would weaken the deterrent effect of the sentence the court handed down.” The government respectfully maintains that the best solution is to allow BOP to assess whether Giannulli is a suitable candidate. for house arrest, as it will in the normal course of assessing how to reduce the prison population during the pandemic. “
“For the foregoing reasons, the government respectfully asks the Court to reject Giannulli’s request to change his sentence of house arrest,” the case concludes.
The filing comes less than a week since lawyers for Loughlin’s husband, 57, demanded “that he be released from custody of the Prisons Bureau and serve the remainder of his prison sentence at home.”
At Giannulli’s request, his lawyers note that his time in solitary confinement was unexpected. He presented to a facility in Lompoc, Calif., On November 19.
CLICK HERE TO SUBSCRIBE TO OUR ENTERTAINMENT NEWSLETTER
Until Wednesday, Giannulli spent 56 days in solitary quarantine. His lawyers say this, along with the need to reduce prison populations due to the risks of COVID-19, present “extraordinary and compelling reasons for the court to grant the relief sought by Mr. Giannulli.”
Lori Loughlin and her husband Mossimo Giannulli leave the John Joseph Moakley courthouse in Boston on August 27, 2019. Giannulli, 57, is currently serving his five-month prison sentence in Lompoc, California.
(Getty)
Giannulli’s lawyers also said he had “exhausted administrative remedies by asking BOP to transfer him to house arrest.”
Fox News can confirm that Giannulli was finally transferred to a minimum security camp on January 13.
Online prison records viewed by Fox News show the 57-year-old is expected to be released from Lompoc on April 17.
Meanwhile, Loughlin served his two-month prison sentence weeks ago. She was released from the Federal Correctional Facility (FCI) in Dublin, California on December 28.
CLICK HERE TO GET THE FOX NEWS APP
In August, Loughlin and Giannulli pleaded guilty to charges arising from payments of $ 500,000 to rip off the brain of William “Rick” Singer to have their daughters, Olivia Jade and Isabella Giannulli, be recruited into the crew of the University of Southern California. Both had never participated in sport.
In their plea deal, Loughlin, agreed to serve two months and pay a fine of $ 150,000 as well as two years of supervised release and 100 hours of community service. Giannulli, meanwhile, was ordered to pay a fine of $ 250,000 with two years of supervised release and 250 hours of community service in addition to a five-month prison term.
Giannulli’s attorneys did not immediately respond to Fox News’ request for comment.
[ad_2]
Source link