"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..."
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