This week attorneys for Lucchesi filed a writ with Federal Judge John McBryde requesting an evidentiary hearing to "vacate, set aside, or correct sentence by a person in federal custody.  The motion points out that the October 7, 2003 conviction of Lucchesi on one count of money laundering resulted in a 78 month sentence.  The motion requests that the Federal Judge consider subsequent actions by the United States Supreme Court that vacated her sentence and remanded back to the Fifth Circuit Court of Appeals.   The Court of Appeals however, on a 2 to 1 vote, refused to remand the case back to the judge based on the Government's argument that there was no indication Judge McBryde would have changed his sentence if other factors, such as no mandatory sentencing guidelines, were considered.

The motion points out that Lucchesi should have been sentenced under discretionary sentencing guidelines as mandated in a 2005 Supreme Court Ruling, Booker v. United States.  Under the mandatory guidelines, Lucchesi, recognized by Judge McBryde as a "minimal participant:  was sentenced to three times the sentence as Anand Alloju, the main conspirator.  Alloju was given an additional one year from his sentence for drug rehab.  Alloju committed suicide on November 29th of this year only a few days after being served with a civil lawsuit by Lucchesi.  Alloju was the Government' s main witness against Lucchesi and took a plea bargain deal to protect his wife Lisa.

Also in the motion, a strong argument is made that Lucchesi did not receive competent counsel when her attorney failed to introduce the fact that Lucchesi had taken and passed three separate lie detector tests.  In each test, Lucchesi was deemed to be telling the truth when she answered that she did not know that Alloju was allegedly laundering drug money for a Mexican playboy, that turned out to be a DEA undercover agent.

LNO has spoken to the Lucchesi civil attorney, Earl Rutledge.  Rutledge said, while not a criminal lawyer, he feels the argument by the attorney presenting the motion, Danny Burns, is strong and will be heard by the federal judge.  The Government has 30 days to structure their response, after which time Judge McBryde will decide whether to hold a hearing.  Lucchesi is hopeful that critical elements not introduced in her trial or sentencing phase will be considered now to be mitigating circumstances by the federal judge.  The judge could set aside the sentence or allow for time served and free Lucchesi from federal prison.