On November 19, 2009, Stewart surrendered to U.S. Marshals in New York City to begin serving the original 28-month sentence as prisoner #53504-054. Two months later, in January 2010, the full Second Circuit bench, in a split decision, declined to reconsider its panel's affirmance and re-sentencing directive. On July 15, 2010, Stewart was re-sentenced by Judge Koeltl to 10 years in prison, taking into consideration what he concluded were false statements she made under oath at her trial and other factors as directed by the appellate court.