IN THIS CASE, BOTH LISA GIANNELLI AND SETH FISHMAN HAS ALSO FILED APPEALS TO THE PROPER DISTRICT. MR. FISHMAN IS CURRENTLY INCARCERATED IN FCI MIAMI AND MS. GIANNELLI IS INCARCERATED AT FCI DANBURY.
AS YOU CAN SEE---AN APPEAL DOES NOT NECESSARILY HALT ANY INCARCERATION----THE APPEAL IS NOT ON THE EVIDENCE NOR CAN ANY NEW EVIDENCE BE SUBMITTED---THE APPEAL IS ON THE ALREADY PRESENTED CASE AND THE MERITS OF THE CASE IF IN FACT THERE WAS ERROR BY THE JUDGE OR THE ATTORNEY MADE MISTAKES IN THE DEFENSE---THIS IS AN ARGUMENT OF BRIEFS----NOT ORAL USUALLY AND THE ORDER TO REPORT EXIST AND WILL BE FORCED.
IT IS POSSIBLE THT THE BOARD OF JUDGES COULD BELIEVE THE OUTCOME OF THE CASE WOULD HAVE BEEN DIFFERENT----BUT AS I STATED, LESS THAN 10% OF THESE CASES ARE GRANTED AN APPEAL.
THIS CASE IS VERY CLEAR CUT WITH OVERWHELMING EVIDENCE. THE PROSECUTORS WERE VERY SMART TO INFORM THE JUDGE TO GRANT A LIGHTER SENTENCE AS THIS WILL PLAY INTO THE JUDGES RULING.
FEDERAL JUDGES ARE BRILLIANT AND THEY UNDERSTAND THE GAME! I TRULY BELIEVE THE JUDGES WILL MAKE THE RIGHT DECISION ---AS THEY WILL AGREE WITH THE SENTENCING JUDGE AND THIS APPEAL IS MOOT.
