PROVIDENCE, R.I. (AP) – Former Mayor Vincent “Buddy” Cianci Jr. asked a federal judge Friday for a 35 month prison sentence, after his original 64 month sentence was thrown out by a federal appeals court.

Cianci, who turns 64 on Saturday, had been scheduled to be released in July 2007. If his request is approved, he could be freed within the next few months.

A dominant figure in city politics for decades, Cianci has been in prison since December 2002 on a racketeering conspiracy conviction. He and his co-defendants were accused of taking bribes in exchange for jobs, tax breaks and favors from the city.

Earlier this month, a federal appeals court in Boston tossed out Cianci’s prison sentence because of a U.S. Supreme Court decision that made the federal sentencing guidelines discretionary rather than mandatory.

The government on Friday recommended U.S. District Judge Ernest Torres impose a 71 month sentence.

Richard Egbert, Cianci’s lawyer, said in court papers that the original sentence was calculated in error because it depended on mandatory sentencing guidelines. Though he said the court should “continue to give respect to the guidelines,” it should not use them in the same way this time around when sentencing Cianci.

Egbert said the Supreme Court decision means the sentence must not be greater than necessary, and must reflect the seriousness of the crime. He pointed out that Cianci was convicted of one offense and acquitted on dozens of other charges.

“In these circumstance, a sentence of more than thirty-five months is not necessary’ to reflect the seriousness of the proven conduct,” Egbert wrote.

When Cianci was sentenced three years ago, Torres added time to the term because of Cianci’s alleged leadership role in the racketeering enterprise and because he was a public official who had betrayed the public trust.

In their filing, prosecutors argued that no new evidence has surfaced since Cianci’s original sentencing, and Torres should sentence the former mayor to the maximum the guidelines allow.

“The highest end of the guideline range is appropriate for the organizer and leader of a conspiracy that has seen several former city officials and leaders plead guilty or be convicted after trial and go to jail,” the government said.

Recognizing, however, that their request was denied when Cianci was originally sentenced, prosecutors said they’d accept a new sentence within the guideline range of 57-71 months.

In a separate filing Friday, the government asked Torres to refuse to let Cianci appear by videoconference for his resentencing. Cianci argues that would save time and money, and spare him what would likely be stringent security measures and unpleasant conditions for prisoners being transported.

Prosecutors said courts have long-ruled that the sentencing stage is so critical that a defendant must show good cause to be absent. The government said Cianci hasn’t done that.

No date has been set for Cianci’s resentencing.