Everyone seemed to have the same question following the news that the Sixth Circuit Court of Appeals had thrown out the sabotage charge against Michael Walli, Megan Rice and Greg Boertje-Obed and vacated the sentences on both the sabotage and the depredation charges. The court noted if the three had been sentenced only on the depredation charge, according to the sentencing guidelines, they would likely have received shorter sentences and would have already served their full time. So the question of the day: When are they getting out?
A fair question—they now are being held in federal prison with no sentence at all.
Within days of the Sixth Circuit’s ruling, Judge Amul Thapar, who handled the original case, convened a conference call with the lawyers from both sides. He apparently told them he had not yet been assigned the case, but he wanted to set a schedule in case he was. The result was a July 8 date set for resentencing. (The Court’s decision to throw out the sabotage charge and vacate the sentences could be appealed by the prosecutor, a decision we are told would be made not in Knoxville, but in Washington; the feds have two weeks to file a notice of appeal, then as much as 90 days to actually file the appeal, after which the defense gets time to respond, and the feds get more time for a final response—you can see how this would drag out with Greg, Megan and Michael still in prison.
But the case resides still in the Sixth Circuit (Thapar, who is a federal judge in Lexington, KY, originally drew the case because the Knoxville court had a vacancy on the bench; the judge who had been assigned the case had retired; Thapar drew the reassignment. That empty seat in Knoxville has since been filled, so it is not absolutely certain that the case would be remanded to Thapar for re-sentencing.) So, long story short, attorneys for MGM filed a motion with the Sixth Circuit on Thursday, May 15, asking for immediate release.
The Sixth Circuit wasted no time. Within hours, it issued an order requiring the government to respond to the motion for immediate release by noon on Monday, May 18.
That is where things stand at this moment.
Here is a copy of the Defense Motion for Immediate Release: