According to Department of Justice documents, DePayne in April admitted that he and Kevin Mitnick attempted to defraud Nokia Mobile Phones. Specifically, DePayne posed as a Nokia employee and attempted to convince Nokia personnel in Florida to ship a computer program to Southern California, according to court documents.
DePayne is scheduled to be sentenced July 12, at which time the government is expected to recommend five years probation, including a six-month confinement in a corrections center or home detention, according to government documents.
July 12 'Optimisitc'
However, DePayne on Tuesday told Sm@rt Reseller that he expects his sentencing to be pushed back. "The July 12 date would be optimistic," said DePayne in a telephone interview. "The government has requested that it be pushed back and [my lawyer and I] want [my sentencing] put as far back from Kevin's sentencing as possible."
Mitnick's sentencing, originally scheduled for June 14, has been delayed until July 12 so that the defense can better prepare for the hearing. Mitnick was arrested in 1995 after an alleged Internet hacking spree that spanned corporate networks run by Motorola, Novell, Fujitsu and Sun Microsystems, the government claims.
Mitnick is expected to receive a 46-month prison sentence, over and above his 22-month sentence for possessing cloned cellular phones and for violating terms of an earlier parole. However, Mitnick has served about 52 months in prison since his 1995 arrest, which means he won't see freedom for about 16 more months-assuming his sentencing goes as expected.
U.S. District Judge Mariana R. Pfaelzer, who is handling DePayne's and Mitnick's sentencing, could not be reached for comment.
