PHILADELPHIA (CBS) – A federal appeals court today will hear arguments on the government’s appeal of the 55 month sentence for convicted former state senator Vince Fumo. The government contends the trial judge erred in sentencing way below federal guidelines.

Vince Fumo was convicted of all 137 criminal counts against him, And the prosecution contends the 55 month sentence was reached in error, was too lenient, and set off an unprecedented storm of public outrage and Fumo should be re-sentenced.

The prosecution had originally calculated a guideline sentence in excess of 20 years in prison for Fumo. The judge’s calculation was half that, and he cut the actual sentence in half again. The defense disputes errors were made in sentencing and filed a cross appeal, asking for a new trial based on claims Fumo was denied his constitutional right to a fair trial.

Fumo, in federal custody in Kentucky, is currently scheduled for release in 2013.

Reported by Tony Hanson, KYW Newsradio

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