A spokesman for the Justice Department said he could not comment on matters of pending litigation.

In the appeal case before the Supreme Court, shareholders of Charter Communications Inc. (CHTR.O: Quote, Profile, Research sued Scientific Atlanta and Motorola Inc. (MOT.N: Quote, Profile, Research, accusing them of aiding a scheme to inflate Charter revenues in 2000. A lower court dismissed the case, saying that companies were not liable because they were not primary players in the alleged fraud.

Enron shareholders are closely watching the case because it could affect their own attempt to sue banks, including Merrill Lynch & Co. (MER.N: Quote, Profile, Research, for helping put together financing transactions for Enron before its collapse.

Legal briefs supporting the plaintiffs in the Charter case are due at the Supreme Court by midnight on Monday.

Newman said he and other investor advocates started hearing late last week that the solicitor general would not support the SEC's position.

Wilson's sentence was widely criticized as being too severe, even by members of the jury that convicted him and the author of the 1995 law that put him behind bars.

His case became a cause celebre that grew from local blogs and TV stations to national news shows and editorial pages. Some supporters, including former President Jimmy Carter, have said it raised questions about race and the criminal justice system. Wilson and five other males charged in the case are black, as are the two teenage girls involved.

"As far as I'm concerned, this case is a throwback to Southern justice," said state Sen. Vincent Fort, an Atlanta Democrat.

Wilson, homecoming king of his school who was being recruited to play football at Vanderbilt University, has served more than two years of a mandatory 10-year sentence for aggravated child molestation. He was captured on videotape having consensual oral sex with a 15-year-old girl in 2003 when he was 17.

If the sentence stands, he would also be placed on Georgia's sex offender registry.

At the time of his crime, Wilson would have faced just one year in prison if he had sexual intercourse with the girl. The "Romeo and Juliet" exception in Georgia law also would have allowed him to avoid the sex offender registry.

Lawmakers last year voted to close that loophole. But the state's top court said the new law could not be applied retroactively to Wilson, now 21.

Opponents of Wilson's release said it could open a floodgate for other cases. Georgia prisons currently hold 189 inmates who were sentenced for aggravated child molestation when they were 21 or younger.

Of those, 56 percent were white and 44 percent black, state figures show.

Black community leaders planned a protest outside Attorney General Thurbert Baker's office late Monday. Baker, who is black, is now pushing to keep Wilson in prison, arguing that his sentence is valid.

In his notice of appeal, Baker argued that Georgia law does not give a judge authority to reduce or modify the sentence imposed by the trial court. He said he would seek an expedited ruling from the Georgia Supreme Court. And he noted that a plea deal is on the table that would release Wilson in a maximum of five years and also remove him from the sex offender registry.

Not good enough, said Wilson's lawyer, B.J. Bernstein.

"It is really ridiculous when you consider that we had a judge that just said it is a misdemeanor that carries no sex offender registration," she said.

"It is extremely, extremely disturbing that the attorney general would take this action now."

Bernstein said her office was seeking bond for Wilson, which would allow him to leave prison while the appeal is pending.

The judge's ruling Monday threw out Wilson's 10-year sentence and amended it to misdemeanor aggravated child molestation with a 12-month term, plus credit for time served, and he would not be required to register as a sex offender.

"The fact that Genarlow Wilson has spent two years in prison for what is now classified as a misdemeanor, and without assistance from this court, will spend eight more years in prison, is a grave miscarriage of justice," wrote Judge Thomas H. Wilson, who is no relation to Genarlow Wilson.

"If this court or any court cannot recognize the injustice of what has occurred here, then our court system has lost sight of the goal our judicial system has always strived to accomplish ... justice being served in a fair and equal manner," the judge wrote.

When the judge's order arrived Monday morning, Wilson's lawyers applauded and hugged his mother, Juannessa Bennett, who wiped away tears.

"I just feel like a miracle happened," Bennett said.

After the notice of appeal she looked stricken.

"It's heartbreaking," Bennett said.

Wilson's prominent supporters included Dallas Mavericks owner Mark Cuban, who declared he would boycott Georgia until Wilson was free, and Carter, who wrote a letter in support of Wilson to the state attorney general.

The court battle over Wilson's fate also drew comparisons to the rape charges leveled against Duke University lacrosse players last year, with critics saying prosecutors in both cases overreached.

Wilson was also charged with rape for being one of several male partygoers at a hotel to have sex with another 17-year-old girl, but was acquitted. The party was captured on a videotape that was played for the jury.

The five other male partygoers took plea deals in the case. One of them has been released from prison and is now in college.

"This process has been drug-out a long time, which says to me it is political," he said. "There is no wrong doing."

Opposition Democrats are calling for the Attorney General's ouster over what they say is the politically-motivated firing of eight federal prosecutors. The Justice Department says those dismissals were based on poor performance.

During this trip to Europe, President Bush also suffered a set-back to his top legislative priority of the year: comprehensive immigration reform.

A bipartisan bill fell short of the votes it needed in the Senate because some members of the president's own party object to its provisions giving illegal immigrants a path to citizenship.

The president says he knows it is a tough debate, but he is still optimistic about getting the bill through.

At dusk, illegal immigrants prepare to use an inner-tube to cross the Rio Grande River at the U.S-Mexico border in Nuevo Laredo, Mexico, 02 June 2007
"I believe we can get an immigration bill," he said. "Now it is going to require leadership from the Democrat leaders in the Senate, and it is going to require me to stay engaged and work with Republicans who want a bill."

While in Europe, the president telephoned three Republican Senators to lobby for the immigration bill. He will go to Capitol Hill Tuesday to press them further.

"It is important that we address this issue now and I believe we can get it done," he said. "Listen, a lot of progress was made between people in both parties making hard decisions necessary to move a comprehensive plan."

Mr. Bush says the legislative process often takes two steps forward and one step back. He says he will start Tuesday to work toward taking some steps forward again, telling a reporter on the trip, "I will see you at the bill signing."

No one is predicting that a symbolic resolution expressing no confidence in Gonzales will survive even the test vote Monday. Most Republicans are likely to vote no, dismissing the whole exercise as a ploy to embarrass President Bush.

"I'm not going to comment on the kind of job" Gonzales has done, Sen. Jon Kyl, R-Ariz., said Sunday on CNN's "Late Edition." "The vote is whether we should take a vote to express a lack of confidence by the Senate. That's wrong."

At the same time, not many of the Senate's 100 members have been supportive of Gonzales after the attorney general told a Senate committee dozens of times that he could not recall key details about the firing of eight federal prosecutors.

White House spokesman Tony Snow brushed off the impending vote.

"There's an attempt to sort of pull this thing like a piece of taffy and looking if there's any political advantage in it. There's not," Snow said on "Fox News Sunday."

Democrats say it's only right for senators to go on record, since five Republicans have called outright for Gonzales' dismissal and many more of the president's party have said in public comments that they have lost confidence in him.

Previously, large scientific studies have found no association between autism and vaccines containing thimerosal.

But many parents say their children's symptoms did not show up until after their children received the vaccines, required by many states for admission to school. If they prevail in the courts, the families are entitled to compensation from a multibillion-dollar trust fund.

The first of what eventually could be nine test cases from those claims is the subject of the hearing opening Monday in the U.S. Court of Federal Claims. Three special masters appointed by the court will preside over the hearing, expected to last through June 29.

The court is being asked to decide whether there is a link between autism and childhood vaccines. If it finds one exists, the families could be eligible for compensation under the Vaccine Injury Compensation Fund, a program established by Congress to ensure an adequate supply of vaccines by safeguarding manufacturers from lawsuits. Under the program, people injured by vaccines receive compensation through a special trust fund.

Autism is characterized by impaired social interaction. Those affected often have trouble communicating, and they exhibit unusual or severely limited activities and interests. Classic symptoms of mercury poisoning include anxiety, fatigue and abnormal irritation, as well as cognitive and motor dysfunction.

Monday's case addresses the theory that the cause of autism is the measles, mumps and rubella vaccine in combination with other vaccines containing thimerosal. The preservative, about 50 percent mercury by weight, is no longer found in routine childhood vaccines but is used in some flu shots.

In July 1999, the U.S. government asked vaccine manufacturers to eliminate or reduce, as expeditiously as possible, the mercury content of their vaccines to avoid any possibility of infants who receive vaccines being exposed to more mercury than is recommended by federal guidelines.