Former Qwest CEO Nacchio due in court Tuesday |

Former Qwest CEO Nacchio due in court Tuesday

DENVER (AP) – Former Qwest Communications International Inc. CEO Joe Nacchio is set to appear in federal court in Denver to say whether he wants to waive his right to attend re-sentencing hearings.

U.S. District Judge Marcia Krieger wants to see Nacchio at a hearing Tuesday before allowing him to skip hearings in June at which she will recalculate his sentence for insider trading convictions.

An appeals court ruled that Nacchio’s original sentence of six years in prison, plus $71 million in fines and forfeitures, was too harsh.

Nacchio has started serving his sentence at a prison in Pennsylvania. Online federal prison records show he was moved to a federal transfer center in Oklahoma City before the hearing Tuesday.

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