Appeal Denied: Libby to Prison Soon

By Theresa Cook

Jul 2, 2007 12:39pm

ABC News’ Jason Ryan and Theresa Cook Report:  An appeal to delay the start of the prison sentence for Vice President Dick Cheney’s former chief of staff has been denied.

I. Lewis "Scooter" Libby’s attorneys had asked a federal appeals court to keep Libby out of prison until the appeal of his conviction is resolved, stating that Special Prosecutor Patrick Fitzgerald did not have the proper authority to bring the case against Libby, and that the judge in the case did not allow witnesses key to the defense to testify during the trial.

A federal jury found Libby guilty March 6 on charges that he lied to the FBI and a grand jury, and obstructed justice in the investigation into the leak of the identity of Valerie Plame, a former covert CIA operative.

U.S. District Court Judge Reggie Walton sentenced Libby to serve 30 months in prison and pay $250,000 in fines last month.

Last week, the U.S. Marshals Service assigned inmate number 28301-016 to the former aide, who also served as Cheney’s national security advisor.

The Bureau of Prisons will continue the process, and determine where Libby will have to report to prison.  Currently a pre-sentence investigation report is being compiled by the probation office at the U.S. District Court in Washington, D.C.   

According to the Bureau of Prisons, the location to which new inmates report is based on available bed space, severity of the offense, age, education level and being within 500 miles from their residence at the time of release. 

Libby will likely head to prison by late July or early August.

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