They let him out of solitary only after appeals from defense lawyers and prosecutors.
And prison officials have turned down Fumo for addiction therapy, despite his well-documented past heavy use of Xanax and other drugs, Cogan said. Enrollment could have gotten Fumo a year shaved off his 55-month sentence.
Fumo, 68, got another dose of unwanted news at the hearing Tuesday. U.S. District Judge Ronald L. Buckwalter rejected Fumo's request that he take part in the resentencing via a remote video hookup from the prison camp at Ashland.
Like most inmates, Fumo will have to appear in person, the judge ruled, after undergoing a possibly rigorous trip to Philadelphia via prison transport.
When Buckwalter sentenced Fumo in 2009, the punishment was widely criticized as too lenient. But last month, the U.S. Court of Appeals for the Third Circuit ruled that Buckwalter had made numerous legal mistakes in his sentencing and ordered him to do it over.
Now, prosecutors are hoping that Buckwalter will be forced to jack up Fumo's sentence significantly. The defense hopes the judge will merely fix technical errors in his sentencing process - and then reinstate the same term.
At Tuesday's hearing - Fumo was not there - another of his lawyers, Peter Goldberger, said Fumo wanted to appear via closed-circuit television to avoid the arduous and demeaning travel itinerary often followed by the U.S. Marshal's to transport prisoners.
Known even by U.S. Marshals as "Con Air," the air service and subsequent bus trips are loathed by many inmates. Conceivably, Goldberger said, the marshals might fly Fumo from Kentucky to Oklahoma, and then to Brooklyn. From there, Goldberger said, Fumo might have to ride a prison bus to Philadelphia.
"It's a terrible experience," Goldberger said. Cogan said later that cons call it "diesel therapy."
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