A federal judge on Tuesday refused the early release of Mossimo Giannulli, the husband and co-defendant of actress Lori Loughlin, who is serving time for her role in a major college admission scandal.
The Los Angeles designer failed to come up with an “extraordinary and convincing” argument that he should serve the rest of his five-month sentence at home, district judge Nathaniel Gorton decided.
Giannulli argued that his current stint at the Federal Correctional Institution, Lompoc, is particularly severe due to coronavirus protocols. He claimed that 56 days spent in isolation “had a significant impact on his mental, physical and emotional well-being,” court records showed.
“While the court is aware of the onerous conditions imposed on the defendant as a result of Covid-19’s (Prison Department) emergency response, he did not establish that these conditions alone demonstrate an ‘extraordinary and compelling’ reason for his release, “Gorton ruled.
Giannulli cited the early release of Toby MacFarlane, also a defendant in “Operation Varsity Blues”, as evidence that he should receive the same treatment.
“At the time of the compassionate launch of MacFarlane in April 2020, in addition, there was significant uncertainty about the virus and how to control it,” said Boston-based Gorton.
“At this juncture, on the other hand, there has been a substantial improvement in the treatment of the disease (and) BOP itself has become much more proficient in controlling its spread and vaccines will soon alleviate the remaining concerns.”
Giannulli is due to be released on April 17. Loughlin ended his two-month sentence last month.
The couple were convicted of crimes linked to a scheme that falsely described their daughters as members of an elite team, worthy of special admission at the University of Southern California.
The couple’s lawyer was not immediately available for comment on Wednesday.
