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Obama 'HOPE' poster artist set for NY sentencing

FILE - In this Nov. 12, 2011 file photo, artist Shepard Fairey arrives at the MOCA Annual Gala in Los Angeles. Fairey, the man behind the Barack Obama "HOPE" poster, on Friday, Sept. 7, 2012 will learn his sentence for criminal contempt after pleading gui
FILE - In this Nov. 12, 2011 file photo, artist Shepard Fairey arrives at the MOCA Annual Gala in Los Angeles. Fairey, the man behind the Barack Obama "HOPE" poster, on Friday, Sept. 7, 2012 will learn his sentence for criminal contempt after pleading guilty this year to destroying documents and fabricating others in a lawsuit pertaining to the Associated Press photograph he relied upon to make the poster. He faces up to six months in prison.
Dan Steinberg, File, Associated Press

NEW YORK — Prosecutors plan to ask for prison time Friday at the sentencing hearing for the artist who created the "HOPE" poster that came to symbolize Barack Obama's 2008 presidential campaign.

The government said in a presentence memorandum that a judge should sentence Shepard Fairey to some prison time for his criminal contempt conviction for destroying documents and fabricating others in a civil lawsuit he brought against The Associated Press.

Prosecutors say Fairey had "both an ideological and financial motive" to alter evidence in his favor after basing his poster on one of the AP's photographs. Defense attorneys say a prison term is not warranted and note that the misdemeanor charge carries a potential of only six months in prison. They say Fairey is contrite and settled his civil case with the AP on unfavorable terms that included "sanctions."