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Miley Cyrus cracker: 'I'm too short for the slammer!'

Looking to avoid painful stretch inside

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A Tennessee man, found guilty of cracking the Gmail account of Miley Cyrus and posting private photos of her online, has asked the sentencing judge to spare him prison because of his diminutive stature.

A teenaged Josh Holly was arrested by federal investigators three years ago after he correctly guessed the security question to Cyrus’ Gmail account and harvested racy photographs of the then-15 year old online. He is due to be sentenced on Monday, and according to court documents obtained by The Smoking Gun, he has asked for a non-custodial sentence on the grounds that he is too young for the Big House and, at five-feet six-inches, is considerably smaller than the average inmate.

His attorney Sumter Camp petitioned the judge for probation, saying it was a “sufficiently onerous punishment for a first-time offender of immature mental age,” and that jail time “would hinder rather than aid Josh’s rehabilitation.” He is also asking for leniency on the grounds that Holly has been meeting with the FBI and has ratted out anyone else he could think of provided “information about others that he was aware were involved in illegal computer-related activities.”

Bizarrely enough, the government prosecutors actually agree that Holly may be too short for the slammer, but said that - in light of the serious nature of the crimes – then this should not be a cause to go easy on the 22 year old.

“The government does not contest the presence of the various factors pointed out by probation and advanced by [the] defendant in support of his request for departure, primarily [the] defendant’s youth, mental and emotional issues and physical stature,” writes a federal prosecutor, in response to Camp’s claims. “The government disagrees with [the] defendant and probation with regard to the weight and significance that should be attributed to these factors in viewing the totality of facts in this case.”

Holly has been ordered to stay off the internet for the moment, but has already violated this, posting a message on his Facebook page reading: "I’m having these strong urges to start playing around and hacking shit again, there’s so much new stuff on the net. I can’t stop these urges. Am I a bad person?”

Holly posted up pictures of the underage star posing for self-taken photographs in her underwear, and baring her midriff. He bragged about his feat online, under the name TrainReq, and investigators found numerous cracked accounts and stolen credit card numbers in his possession. ®

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