A Q&A on the Fumo case

THE RESENTENCING of ex- state Sen. Vince Fumo next Wednesday is shaping up as a courtroom brawl between federal prosecutors and Fumo's defense. Here are some questions about how we got here and what is likely to happen next.

Q: Why is Fumo being resentenced?

A: A federal appeals panel in August found that U.S. District Judge Ronald Buckwalter made several procedural legal errors when he sentenced Fumo to a 55-month prison term in July 2009. The panel ordered Buckwalter to correct the mistakes and resentence Fumo.

Q: How does resentencing work?

A: The same way a sentencing

works. The feds and defense file recommendations, present witnesses (if any) and make oral arguments to the judge. Fumo will be permitted to make a statement in his own defense. Then Buckwalter will calculate the advisory-guideline range, weigh other factors required by law, such as the nature of the crime, Fumo's personal history and the need to deter future criminal conduct, and determine an appropriate sentence.

Q: What are the chances Fumo gets a longer sentence?

A: Judges have wide discretion

in sentencing, thanks to a 2005 U.S. Supreme Court decision that made once-mandatory sentencing guidelines advisory only. In theory, Buckwalter could give Fumo the same 55-month sentence he did in

July 2009. That's what Fumo's lawyers want, citing his age (68), public service and deteriorating health.

Prosecutors are seeking at least 15 years, and say that Fumo doesn't deserve leniency because he didn't do anything extraordinary and isn't remorseful for his criminal conduct.

Q: How will angry emails

affect resentencing?

A: Prosecutors are clearly trying to turn up the heat on Buckwalter to give Fumo a longer sentence. They say the emails show that he's unrepentant, hostile toward the feds and bent on revenge. The defense says that the emails simply show that Fumo is angry, frustrated and depressed.