He was convicted under a state statute, if I'm not mistaken. One basis for appeal, Im guessing, is whether the US Supreme Court's case law regarding physical bulk mail is applicable to this case. If it is then there MIGHT be protected commercial speech issues. It's worth keeping in mind, however, that there's a HUGE difference between physical mail and mass non-optin bulk email. One key question is who bears the cost of the speech? The sender or the receiver (and the receiver's ISP)?

That's one fucked up spammer. :1orglaugh

I dont even think he will see prison. Maybe a year. Its maximum sentence of 9 years, Im sure he'll get a minimum sentence like the rest of these spammers who have been prosecuted.

but 4/5 world's life at the usa ...
I think you understand ....