Mitnick Sentenced to 46 Months ------------------------------ by Douglas Thomas 3:00 a.m. 29.Mar.99.PST The case is not closed on Kevin Mitnick, who was sentenced Friday to 46 months in prison after pleading guilty to seven counts of wire and computer fraud. The notorious cracker still faces California charges for computer fraud. US District Judge Mariana Pfaelzer accepted Mitnick's guilty plea to five of 25 federal counts of fraud plus two counts of fraud in Northern California. No date has been set for a trial on Southern California charges, which stem from a 1993 arrest in which Mitnick was accused of fraudulently obtaining information from the Department of Motor Vehicles. If convicted of those charges, he could face an additional four years behind bars. Friday's plea agreement set total damages of up to US$10 million. Prosecutors and defense lawyers could not reach agreement on restitution, which will be determined at Mitnick's sentencing hearing, scheduled for 14 June. Final motions and a pre-sentence investigation report are due by 1 June. Mitnick has already spent 48 months in a Los Angeles detention center, including 14 months for violating conditions of his supervised release. He could be released to a halfway house this fall. But US Attorney David Schindler said Mitnick would be in prison "at least through next year." Don Randolph, Mitnick's attorney, said his client was relieved to have his federal case resolved. In a prepared statement, Randolph said, "[Mitnick] can now see light at the end of the tunnel, and has a reasonable certainty that it is not another train approaching."