US prosecutors objected to Mossimo Giannulli’s request to leave prison early and serve the remainder of his five-month sentence at home, days after the stylist appealed to the court.
A federal document filed by US Attorney Andrew E. Lelling on January 19 obtained by Fox News shows that prosecutors are opposed to Lori Loughlin’s husband’s request and are asking the federal court to side with them and deny the request.
“The government respectfully presents this opposition to defendant Mossimo Giannulli’s motion to reduce his sentence. Giannulli says that the measures taken by the Prison Department protect him from the COVID-19 pandemic were ‘much more extreme’ than what the Court contemplated in imposing sentence, and that his sentence should, as a result, be reduced to more than half, “wrote Lelling in his reply.
The United States attorney notes that although the prosecution “acknowledges that he has passed a long period of quarantine – from which he has already been released – due in part to the fact that he was exposed to other inmates with COVID-19, and in part to the fact that that he complained of symptoms compatible with the virus. This possibility was not unpredictable at the time Giannulli was convicted and does not provide a basis for reducing the sentence that this Court found to be fair and appropriate. “
LORI LOUGHLIN’S HUSBAND MOSSIMO GIANNULLI ASKS TO SERVE THE REMAINING FIVE MONTHS PRISON AT HOME
US prosecutors filed documents on Tuesday asking the court to deny Mossimo Giannulli’s request (left) to serve the rest of his sentence at home.
(AP Photo / Steven Senne)
The government continues, arguing that “any reduction in Giannulli’s sentence would be widely publicized, thus undermining the deterrent effect of the sentence imposed by the Court. The government respectfully maintains that the best way forward is to allow the BOP to assess whether Giannulli is a suitable candidate for confinement. home care, as you will in the normal course of assessing how to reduce the prison population during the pandemic. “
“For the above reasons, the government respectfully requests that the Court deny Giannulli’s motion to modify his home confinement sentence,” the document concludes.
The lawsuit comes less than a week since lawyers for Loughlin’s 57-year-old husband asked that “he be released from the custody of the Bureau of Prisons and serve the rest of his sentence in confinement at home.”
At Giannulli’s request, his lawyers note that the time he spent in solitary confinement was unexpected. He performed at a facility in Lompoc, California, on November 19.
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Until Wednesday, Giannulli spent 56 days in solitary quarantine. His lawyers affirm this, as well as the need to reduce the prison population due to the risks of COVID-19, they present “extraordinary and compelling reasons for the Court to grant the protection requested by Mr. Giannulli”.
Lori Loughlin and her husband Mossimo Giannulli leave the United States John Joseph Moakley Court 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 “exhausted administrative remedies by asking the BOP to transfer him to confinement at home”.
Fox News can confirm that Giannulli was finally transferred to a minimum security camp on January 13.
Online prison records seen by Fox News show that the 57-year-old man is due to be released from Lompoc on April 17.
Meanwhile, Loughlin completed his two-month prison sentence weeks ago. She was released from the Federal Correctional Institution (FCI) in Dublin, California, on December 28.
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In August, Loughlin and Giannulli pleaded guilty to charges stemming from payments of $ 500,000 to scheme mentor William “Rick” Singer to get their daughters, Olivia Jade and Isabella Giannulli, to be recruited for the crew of the University of the South from California. The two had never participated in the sport.
In his plea bargain, Loughlin agreed to serve two months in prison and pay a $ 150,000 fine, along with two years of supervised release and 100 hours of community service. Giannulli, meanwhile, was ordered to pay a $ 250,000 fine with two years of supervised freedom and 250 hours of community service, in addition to a five-month prison term.
Giannulli’s lawyers did not immediately respond to Fox News’s request for comment.