A Queens carjacker who was sentenced to 57 years in prison in 1995 is expected to be freed on time served as early as Tuesday afternoon after a Brooklyn federal judge, citing the unfair nature of the mandatory guidelines under which he was forced to sentence the man, lobbied prosecutors to shorten his stiff term.
Judge John Gleeson asked US Attorney Loretta Lynch to reassess Francois Holloway's fate after he spent years writing jailhouse motions that questioned the mammoth length of his sentence, according to court papers.
Gleeson was bound by mandatory sentencing guidelines to dole out the harsh prison term – but Lynch agreed to toss two of Holloway's convictions to pave the way for his release.
"After careful consideration of Holloway's crimes, the views of his victims, and his conduct during the two decades he has been imprisoned as a result of this case, the government has decided that it need not stand by silently while Holloway serves three more years of an unjust sentence," Gleeson wrote in a memorandum.
Gleeson noted that Holloway, a 57-year-old father of five, has been a model prisoner despite facing the grim prospect of moldering behind bars until 2045.
Calling his compelled "sentence" laughable, Gleeson profusely applauded Lynch and prosecutor Sam Nitze for their willingness to ease Holloway's sentence and to give him a second chance.
Nitze went as far as to locate and interview Holloway's carjacking victims who all said that he had paid his penance after 20 years.
Holloway was charged with three counts of carjacking and using a gun during a violent crime. It was actually an accomplice who carried the gun and the feds offered Holloway a plea deal of about 11 years, but he turned it down.
He was convicted at trial and two of the counts required consecutive 20-year sentences, with the gun charge carrying five years. The rest of the sentence was accounted for by the three car jacking convictions.
Holloway is scheduled to appear before Gleeson Tuesday afternoon for his re-sentencing.
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