But on Monday, Chief Justice John Roberts ordered the government to respond to McDonnell’s petition to remain free pending his appeal by Wednesday at 4 p.m.
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The former Republican governor, once widely considered a possible running mate to former GOP presidential candidate Mitt Romney, was sentenced in January to two years in prison.
McDonnell and his wife, Maureen, were convicted of taking gifts and loans in exchange for political favors.
“Stopping the mandate stops the train until the Supreme Court decides whether he gets to stay out of jail pending supreme court review”, attorney Andrew McBride, a former federal prosecutor, told the Daily Press.
McDonnell’s lawyers had said the former governor could be required to report to prison as soon as August 27.
The 4th Circuit Virginia Court of Appeals had a refused request from McDonnell’s legal team for him to remain free while he appealed.
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McDonnell’s wife, Maureen McDonnell, is pursuing her appeal separately and has been allowed to remain out of prison while that is ongoing.
