Bail request heads to higher court
An appellate court is asked to stay an order to report to prison
next week pending a ruling by the Supreme Court.
By Andy Vuong
Thursday, April 9, 2009
Former Qwest chief executive Joe Nacchio renewed his request for
Nacchio, due to report to federal prison next week to begin a
six-year term for illegal insider trading, asked the 10th
Circuit Court of Appeals in Denver to let him remain free while
the U.S. Supreme Court decides whether to review his conviction,
perhaps by June.
Nacchio's request for bail was denied this week by U.S. District
Judge Marcia Krieger, who suggested his Supreme Court petition
was little more than a tactic to delay his incarceration.
Krieger ordered Nacchio to report to a federal prison Tuesday in Pennsylvania.
"The district court's determination that there is no substantial
question (in Nacchio's appeal) is not entitled to any weight,"
attorney Maureen Mahoney wrote in Wednesday's appellate-court
The judges' view that Nacchio may have been trying to put off
his prison stay with his appeal "is necessarily intertwined with
her mistaken view of the merits and rested on a misunderstanding
of the undisputed facts," the petition says.
Nacchio wants the appeals court to stay Krieger's order to
report to the Schuylkill medium-security facility while it reviews his
latest request for bail.
If denied again, Mahoney said, she'll file a fail request within
48 hours to Supreme Court Associate Justice Stephen Breyer.
She's asking the appeals court to allow Nacchio to remain free
pending Breyer's decision.
Nacchio was convicted in April 2007 on 19 counts of illegal
insider trading connected to his sale of $52 million Qwest
Andy Vuong: 303-954-1209 or