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Federal Criminal Defense Attorney
John D. Kirby in San Diego, CA
John D. Kirby talks to Channel 10 about Macaluso
Macaluso’s attorney, John D. Kirby, argued nothing would be accomplished by sending his client to prison. Kirby told Judge Benitez Macaluso “needs to be out of custody to earn money (to support) his family” and pay back his victims and other creditors.

Kirby said a lengthy term of home confinement would be a more suitable punishment for Macaluso, who cannot practice law for at least five years.

Assistant U.S. Attorney Mark Conover said prison time is the appropriate punishment for the 53-year-old and would send a message to other attorneys and professionals that criminal behavior will not be tolerated.

Federal guidelines put Macaluso’s sentence between 10 and 16 months but defense argued for less time, ultimately dropping it down to 5 months.

Judge Benitez also ordered Macaluso to serve three years on probation after his release from prison. Macaluso will be allowed to spend the holidays with his family. In addition to serving five months in federal prison, Macaluso must pay a $100,000 fine and $150,000 in restitution payments.