Andy Mirikitani

"We're hoping his release will occur by the end of the week," McMillen said. "There are a number of variables. It is important to understand that this is a release pending resentencing."

McMillen would like Gillmor to shorten Mirikitani's time in prison by eliminating sentencing enhancements. But because the Supreme Court is reviewing that same issue, people convicted of crimes across the country are affected, including Mirikitani.

Four months ago, the Supreme Court ruled in a Washington state case that sentencing enhancements were unconstitutional. What is still pending is whether the court's decision in that case applies to federal sentencing guidelines.

"It's prudent to wait for the best guidance, which of course comes from the Supreme Court," McMillen said. "The Supreme Court is aware that district courts around the country are waiting for better guidance regarding sentencing enhancements."

She did not know how long it would take for that decision or how that would affect the amount of time Mirikitani would remain free. Assistant U.S. Attorney Mike Seabright did not want to comment on the ruling.

Our position was that he shouldn't get out this early," is all Seabright would say.

The former councilman is serving time in a Mainland prison for his 2001 conviction on charges of theft, bribery, extortion, wire fraud and witness tampering.

Mirikitani was charged in a scheme that offered two former aides large bonuses if they kicked back a share of the money to him.

If the U.S. Supreme Court upholds the sentencing guidelines, Mirikitani will have to return to prison and serve the 11 months left on his sentence.

At the time of his sentencing, Gillmor said Mirikitani's criminal acts showed "a lack of respect for the process and a lack of respect for the public."

Mirikitani, who began his political career as an ethics champion, was the only Honolulu City Council member and the highest-ranking elected official in Hawai'i to be indicted on federal felony charges while in office.