Kernell, 22, was convicted earlier this year of misdemeanor computer intrusion and a felony count of obstruction of justice. The jury found him not guilty of a wire-fraud charge and hung on a fourth charge for identity theft, after four days of deliberating.

The convictions carry a maximum sentence of 20 years in prison and a possible fine of up to $250,000. Federal sentencing guidelines recommend a sentence of between 15 and 21 months in prison. The government is seeking 18 months.

Kernell, scheduled to be sentenced in Tennessee on Nov. 12, was found to have deleted evidence from his hard drive to thwart investigators, in the most serious charge.

In a motion filed with the court (.pdf) on Wednesday, his attorney asserted that although his client might have deleted evidence, this should be balanced against the fact that he didn’t destroy the computer entirely or get rid of it.

“The proof showed that Mr. Kernell very quickly took actions that resulted in the evidence being preserved,” defense attorney Wade Davies wrote. He also said that his client’s behavior was an “aberration” from his normal conduct and that the “public humiliation, trial and felony conviction” his client had endured were enough to deter him from future crimes.

“General deterrence has been achieved in this case by educating the public that accessing another’s e-mail account is conduct that violates federal law,” Davies wrote.

Threat Level broke the story in September 2008 that someone using the name “Rubico” had obtained access to Palin’s Yahoo e-mail account. Palin was then running for vice president on the Republican ticket.

Photos — including two pictures of Palin’s children — and five screen shots of e-mail messages were then posted on 4Chan and Imageshack. Bloggers traced “Rubico” to Kernell, whose father is a Democratic state legislator. He used information about Palin that was publicly available in order to reset the password on her Yahoo account and gain access to her e-mails.

Palin called the hacking of her Yahoo e-mail account “the most disruptive and discouraging” incident in that year’s presidential campaign.

See Also:

• Palin Calls E-Mail Hack ‘Most Disruptive’ Campaign Event
• Group Posts E-mail Hacked From Palin Account
• Palin E-Mail Hacker Says It Was Easy
• More Charges for Palin Hacker
• Accused Palin Hacker Says Stolen E-mails Were Public Record

Authors: Kim Zetter

to know more click here