"That aspect of Judge Davies's ruling is among the more vulnerable ones."

That decision by Judge Davies was overturned last month.

In deciding the sentences, Judge Davies said, he had tried to treat all participants "not as symbols, but as individuals."

If the Court upholds Judge Davies, the sentencing guidelines will be undermined.

Tommy Butler however was called upon to investigate the incident and make a report to Judge Davies, who promptly dismissed the claim.

The court, however, did not specify a new sentence, leaving that decision to Judge Davies.

"I felt Judge Davies's sentencing ruling was well researched, fair and equitable."

"I think the Government's burden on intent is going to be very high," said Judge Davies.

Lawyers who have argued cases before Judge Davies have high praise for his firmness and independence.

The Justice Department is appealing back again, claiming that the sentence imposed by Judge Davies was too short.