Marilyn Mosby's lawyers want no prison time, prosecutors seek 20 months

BALTIMORE -- In a new court filing, lawyers challenged the sentencing guidelines in Marilyn Mosby's mortgage fraud case, according to an objection filed in federal court. 

Mosby faces up to 40 years in federal prison after being convicted of perjury and mortgage fraud, but she's unlikely to serve the maximum sentence. 

Federal prosecutors want Baltimore's former state's attorney to serve 20 months behind bars, but her attorneys say she should not face prison time.

In the objection, Mosby's attorneys cite 18 U.S.C. § 3553, which outlines factors that courts must consider when imposing a sentence in the United States.

"Ms. Mosby was charged and convicted because she chose to repeatedly break the law, not because of her politics or policies," Assistant U.S. Attorney's Sean Delaney and Aaron Zelinsky wrote in a sentencing memo. 

In two trials, Mosby was found guilty of lying about a vacation home mortgage and COVID-related hardship withdrawals from her retirement account.

Last week, prosecutors asked to seize Mosby's Florida condo, which they said was purchased using a fraudulent mortgage loan.

Mosby's sentencing is scheduled for May 23.