A federal appeals court panel has upheld the conviction and sentence in the hacking of Sarah Palin's email by a Tennessee student in the 2008 election year.
The three judge panel in a Monday decision affirmed the conviction of 24-year-old David Kernell for obstructing an investigation as a University of Tennessee student at his apartment in Knoxville.
Kernell's attorney, Wade Davies, contended at trial that Kernell had no criminal intent and that guessing his way into the email account when the then-Alaska governor was John McCain's running mate on the Republican presidential ticket was a prank.
Kernell was released in November after serving less than 11 months and Davies said he is doing well.
Davies said he will seek a review by the full U.S. 6th Circuit Court of Appeals.