Source:
APWASHINGTON - Former White House aide I. Lewis "Scooter" Libby said Friday he no longer plans to ask for a new trial in the CIA leak case but still expects to appeal his conviction.
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Requests for new trials are seldom granted. In documents filed in federal court Friday, Libby's lawyers said they will mount their arguments before an appeals court rather than asking for a new trial as they had planned.
During Libby's monthlong trial, attorneys disagreed with several of U.S. District Judge Reggie B. Walton's decisions, including allowing prosecutors to present evidence to the jury that Libby's defense team viewed as prejudicial.
Libby faces a likely sentencing range of one to three years in prison when he is sentenced June 5.
If attorneys can persuade Walton that they have a strong case on appeal, it could increase Libby's chances of remaining free while the appeal plays out. It would also give President Bush more time to consider a pardon before Libby must report to prison.
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