Why U.S. Political Prisoner Lynne Stewart's 10-Year Sentence Is Illegal: Part 3

In a legal brief that was submitted to the U.S. Court of Appeals on March 30, 2011, U.S. civil rights attorneys Jill Shellow and Robert Boyle indicated why the current imprisonment of U.S. civil rights attorney and anti-war Movement lawyer Lynne Stewart for 10 years in a Texas federal prison by the Democratic Obama Administration is apparently an illegal violation of her human rights. Following is another excerpt from this legal brief:

"The enhanced punishment imposed on Ms. Stewart is not only a private grievance between her and the government. When the constitutional right to speak freely, on a subject of public importance, is taken from Ms. Stewart, it is taken from all of us.

"It is well settled that a defendant may not be subjected to a higher sentence for invoking her constitutional rights. See United States v. Tim Yat Chin, 476 F.3d 144.147 (2d Cir. 2007)...

"Judge Koeltl's reliance on United States v. Martinucci, 561 F.3d 533 (2d Cir. 2009) to increase Ms. Steweart's sentence was also error...Martinucci is...wholly irrelevant to Ms. Stewart's First Amendment claims.

"The defendant in Martinucci repeatedly raped a 10-year-old girl, and videotaped the conduct...Thus, Martinucci provides no basis for justifying the substantial increase in Ms. Stewart's sentence based upon her extra-judicial post-conviction and post-stentencing statements to the press and public..."