Wired News reports that Brian Salcedo will stay in jail until at least May 2011: The convicted network intruder received a nine-year sentence for his part in using a Wi-Fi connection to break in to home improvement chain Lowe's computer system and alter software in an attempt to capture credit card numbers. A partner received 26 months, and has two months left in his sentence; he's already in a halfway house.
Salcedo was sentence not based on success--he never even saw any of the six credit card numbers captured during the brief window in which their software was running before Lowe's disabled it. Rather, he was given a sentence based on outcome, if their scheme had worked. Wired News reports that an appeals court uphold the judge, noting the lower court didn't err in using intentions and potential to increase the sentence's length.