Prosecutors get OK to appeal Fumo jail sentence

Federal prosecutors have received formal approval to go ahead with their appeal of the 55 month sentence handed down to former State Sen. Vincent J. Fumo.

In March, 2009, Fumo was convicted of all 137 counts against him, and prosecutors sought more than 15 years in prison.

That sentence by U.S. District Court Judge Ronald L. Buckwalter was beneath federal sentencing guidelines. In court, Buckwalter noted more than 250 letters of support for Fumo submitted by the defense. He said he had received only about five letters from people who were against Fumo. However, Buckwalter's sentence stirred wide public criticism.

Fumo was convicted of charges that he illegally extracted $4 million in benefits, defrauding the Senate by getting workers to do his personal and political work on state time and defrauding two nonprofits. He also was found guilty of obstructing justice.

In addition to the prison term, Buckwalter ordered Fumo to pay about $2.4 mil-lion in fines and restitution and to remain on probation for three years after his release.

The U.S. Attorney's office soon after announced their intention to appeal, but could not formally proceed until they obtained official approval from the Justice Department in Washington, D.C. That decision came last week, First Assistant U.S. Attorney Louis D. Lappen said today. The decision was initially reported by the Legal Intelligencer.

Fumo remains behind bars at a federal prison in Kentucky.

The appeal will be heard by the Third Circuit Court of Appeals in Philadelphia. No hearing date has been set. Briefs are expected to be filed later this summer.