Hathaway argued that she ought to have her sentenced reduced by six months or be released to home confinement or a halfway house until her prison term ends this summer.
But the Bureau of Prisons, she says, won't allow Hathaway to reside in a halfway house because of the risk of coming into contact with a defendant she previously sentenced.
Since August, Hathaway has been an inmate in a campus-like women's facility nicknamed "Camp Cupcake." It's housed high-profile inmates like Martha Stewart and former Detroit City Council President Monica Conyers.
Fishman argued in court filings that Hathaway has been rehabilitated, citing that she's received certificates of achievement for competing classes in basic parenting, yoga, nutrition and brisk walking.
The. U.S. Attorney had no comment on today's filing.