A White Pixie Collar

Martha Stewart got the Guidelines minimum sentence of ten months of imprisonment, half of which is to be served by home confinement. The media reports that she got "five months" are incorrect; instead, the judge, as she may choose to do in sentences of less than one year, will allow part of the sentence to be served outside of Club Fed. She also stayed the sentence pending appeal.

By structuring the sentence the way she did, the judge avoided the Blakely issue of Guideline validity entirely. There is no mandatory minimum for false official statements or obstruction of justice, and the sentence imposed was well inside the statutory maximum.

Unfortunately, this is probably not going to save this holiday season from Martha's wretched taste in decorations. Somehow, though, I don't think "origami angels from outdated 10Q reports" will be in this year's "portfolio"…