Mossimo Giannulli denied request to serve prison sentence at home by judge

close

Video

Fox News Flash top entertainment headlines for January 26

Fox News Flash top entertainment and celebrity headlines are here. Check out what's clicking today in entertainment.

Lori Loughlin's husband isn't going to be released from prison early despite his recent request.

A judge on Tuesday denied Mossimo Giannulli's bid to leave a California prison early and serve out to remainder of his five-month sentence at home, court documents obtained by Fox News confirm.

The denial comes less than two weeks after attorneys for the fashion designer, who is 57, asked to finish his sentence under "home confinement" after being placed in solitary confinement for the first 56 days of his sentence due to COVID-19.

In his court filing, Judge Nathaniel M. Gorton said that while Giannulli's conditions spent in solitary confinement were "more onerous than they would have been but for the pandemic," he doesn't present a need to return home.

US ATTORNEYS OPPOSE MOSSIMO GIANNULLI'S REQUEST TO SERVE PRISON SENTENCE AT HOME AS HE AWAITS COURT VERDICT

Judge Nathaniel M. Gorton on Tuesday denied Mossimo Giannulli's request to serve the remainder of his prison sentence at home, court documents show. (AP Photo/Steven Senne)

"In any event, although defendant's quarantine was longer than anticipated, he has since been released to the general population and has given no extraordinary or compelling reason why his current circumstances in the camp warrant immediate release," the judge writes.

Judge Gorton goes on to note that Giannulli has "not shown, for instance, that he suffers from any condition which would place him at an increased risk of severe illness due to COVID-19 nor, indeed, that he suffers from any particular medical condition."

Gorton says with that in mind, the court previously determined Giannulli's five-month sentence is "appropriate in that it serves...to dissuade and deter others who may, like Giannulli, believe that because they can afford it they can flout the law. Modifying or reducing defendant's sentence in this case would undercut any such deterrence."

"Accordingly, this Court will deny defendant's motion for compassionate release. If extenuating circumstances occur in the future, the warden can intervene or defendant can file a renewed motion," the judge concluded.

LORI LOUGHLIN'S HUSBAND MOSSIMO GIANNULLI ASKS TO SERVE REMAINDER OF FIVE-MONTH PRISON SENTENCE AT HOME

The judge's order comes days after U.S. attorneys opposed the request and asked the court to deny the fashion designer's request.

Giannulli reported to a facility in Lompoc, Calif. back on Nov. 19. After serving the 56 days in solitary confinement, court docs confirm he has since been moved to a minimum-security camp.

CLICK HERE TO SIGN UP FOR OUR ENTERTAINMENT NEWSLETTER

Online prison records viewed by Fox News show that the 57-year-old is expected to be released from Lompoc on April 17. Meanwhile, Loughlin completed her two-month prison sentence weeks ago. She was released from the Federal Correctional Institution (FCI) in Dublin, Calif., on Dec. 28.

Lori Loughlin and husband Mossimo Giannulli leave the John Joseph Moakley United States Courthouse in Boston on Aug. 27, 2019. Giannulli, 57, is currently serving his five-month prison sentence in Lompoc, Calif. (Getty)

Back in August, Loughlin and Giannulli pleaded guilty to charges stemming from $500,000 payments to scam mastermind William "Rick" Singer to get their daughters, Olivia Jade and Isabella Giannulli, recruited onto the University of Southern California's crew team. The two had never participated in the sport.

CLICK HERE TO GET THE FOX NEWS APP

In their plea agreement, Loughlin, agreed to serve two months and pay a $150,000 fine along with two years of supervised release and 100 hours of community service. Giannulli, meanwhile, was ordered to pay a $250,000 fine with two years of supervised release and 250 hours of community service in addition to a five-month prison sentence.

Attorneys for Giannulli did not immediately respond to Fox News' request for comment.