On March 3, 2006, U.S. District Judge Larry A. Burns sentenced Cunningham to 100 months (eight years and four months) in prison.[1] Federal prosecutors had pushed for the maximum sentence of ten years, but Cunningham's defense lawyers said that at 64 years old and with prostate cancer, Cunningham would likely die in prison if he received the full sentence.[52][53] Judge Burns cited his military service in Vietnam, age, and health as the reason the full ten years was not imposed. Prosecutors announced that they were satisfied with the sentence, which is the longest jail term ever given to a former Congressman.[54]
On the day of sentencing, Cunningham was 90 pounds (41 kg) lighter than when allegations first surfaced 9 months earlier. After receiving his sentence, Cunningham made a request to see his 91-year-old mother one last time before going to prison. "I made a very wrong turn. I rationalized decisions I knew were wrong. I did that, sir," Cunningham said. The request was denied, and Burns remanded him immediately upon rendering the sentence.[55] Cunningham is currently incarcerated in the minimum security satellite camp at the United States Penitentiary in Tucson, Arizona.[56] His projected release date is June 4, 2013.