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Fumo seeks delay in reporting to prison
By philly.com
Published: 08/18/2009

Citing undisclosed health reasons and a possible appeal of his conviction and sentence, lawyers for former State Sen. Vincent J. Fumo yesterday asked a federal judge to postpone his Aug. 31 surrender to the Bureau of Prisons.

If U.S. District Judge Ronald L. Buckwalter, who on July 14 sentenced Fumo to 55 months in prison, grants the request, the 66-year-old South Philadelphia Democrat could avoid prison for months as legal issues are sorted out.

Federal prosecutors filed a notice this month setting the stage for an appeal of Fumo's sentence, which they had called "unduly lenient." Fumo's lawyers then filed a notice of cross-appeal, which signaled their willingness to do battle.

The official decision to appeal the sentence must be made by the U.S. solicitor general, and that review process could take months.

Fumo's motion to delay his prison-reporting date was accompanied by a motion to file sealed documents regarding his health.

"Mr. Fumo's request for an extension of his surrender date to the Bureau of Prisons is based on medical conditions that have not been previously disclosed to the court or public," the motion reads.

"This information is of an extremely private and confidential nature and Mr. Fumo respectfully submits that it be kept as such and that there is no compelling reason why this information need be publicly disclosed."

Arguing for leniency before his sentencing, defense lawyers told Buckwalter about a heart attack Fumo suffered last year. They also said he has diabetes and high blood pressure, and is on numerous prescription drugs for anxiety, depression, and high cholesterol.

Samuel Buffone, one of Fumo's appellate lawyers, declined to comment yesterday.

Assistant U.S. Attorney Robert A. Zauzmer said the prosecution would oppose the motion to delay Fumo's surrender for prison.

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