FL3M

3:00 a.m. 29.Mar.99.PST
The case is not closed on Kevin Mitnick,
who was sentenced Friday to 46 months
in prison after pleading guilty to seven
counts of wire and computer fraud. The
notorious cracker still faces California
charges for computer fraud.

US District Judge Mariana Pfaelzer
accepted Mitnick's guilty plea to five of
25 federal counts of fraud plus two
counts of fraud in Northern California.

No date has been set for a trial on
Southern California charges, which stem
from a 1993 arrest in which Mitnick was
accused of fraudulently obtaining
information from the Department of Motor
Vehicles. If convicted of those charges,
he could face an additional four years
behind bars.

Friday's plea agreement set total
damages of up to US$10 million.
Prosecutors and defense lawyers could
not reach agreement on restitution,
which will be determined at Mitnick's
sentencing hearing, scheduled for 14
June. Final motions and a pre-sentence
investigation report are due by 1 June.

Mitnick has already spent 48 months in a
Los Angeles detention center, including
14 months for violating conditions of his
supervised release. He could be released
to a halfway house this fall.

But US Attorney David Schindler said
Mitnick would be in prison "at least
through next year."

Don Randolph, Mitnick's attorney, said his
client was relieved to have his federal
case resolved. In a prepared statement,
Randolph said, "[Mitnick] can now see
light at the end of the tunnel, and has a
reasonable certainty that it is not
another train approaching."

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Q : Does he deserve this ?

A: Hell no@%^#^

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FREE KEVIN