Constitutional Law

Feds oppose former state supreme court judge's effort to win early release from 'Camp Cupcake'


The feds are opposing a retired Michigan Supreme Court justice’s bid for early release from her one-year sentence for bank fraud.

Prosecutors say Diane Hathaway hasn’t met legal requirements for re-sentencing, which call for a showing of clear error or illegality, the Detroit News reports.

However, Hathaway, 59, points to her good behavior in prison. She says she is being denied equal protection, claiming she was told she can’t be released to a halfway house like other prisoners because the chance is too high that she would encounter someone there whose sentencing she was involved in. (In addition to serving on the supreme court, she also was a trial-level judge in Wayne County Circuit Court for over a decade.)

She is serving her time in a West Virginia facility known as “Camp Cupcake” because prisoners there have access to microwave ovens and laundry machines and are allowed to give each other manicures and pedicures.

See also:

ABAJournal.com: “Former state supreme court justice gets one year in bank fraud case”

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