By Joel Rosenblatt
March 4 (Bloomberg) -- Joseph Nacchio, Qwest Communications International Inc.’s former chief executive officer, was ordered to prison after a federal appeals court reinstated his insider- trading conviction.
U.S. District Judge Marcia Krieger in Denver said Nacchio must surrender to prison authorities by noon on March 23 in Minsersville, Pennsylvania. The medium-security prison for men is in Schuylkill County, 46 miles north of Harrisburg. Krieger today ordered Nacchio to report to a minimum-security camp next to the main prison, and that he must travel at his own expense.
Nacchio, who was convicted in 2007 and sentenced to six years in prison, argued that the trial judge handling his case improperly excluded testimony by a defense witness. A divided appeals court in Denver last month rejected that argument. Five judges said Nacchio’s conviction was proper. Four dissented.
Nacchio’s lawyer for his appeal, Maureen Mahoney, didn’t immediately return a call or e-mail seeking comment after regular business hours.
When Nacchio’s conviction was upheld, Mahoney said in an e-mailed statement she is “optimistic” the U.S. Supreme Court will review his case.
The appeals case is U.S. v. Nacchio, 07-01311, U.S. Court of Appeals for the 10th Circuit (Denver).
To contact the reporter on this story: Joel Rosenblatt in San Francisco at jrosenblatt@bloomberg.net.
Last Updated: March 4, 2009 18:09 EST
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