A Virginia judge sentenced a spammer to nine years in prison Friday in the nation's first felony prosecution for sending junk e-mail, though the sentence was postponed while the case is appealed.

Loudoun County Circuit Judge Thomas Horne said that because the law targeting bulk e-mail distribution is new and raises constitutional questions, it was appropriate to defer the prison time until appeals courts rule.

A jury had recommended the nine-year prison term after convicting Jeremy Jaynes of pumping out at least 10 million e-mails a day with the help of 16 high-speed lines, the kind of Internet capacity a 1,000-employee company would need.

Jaynes, of Raleigh, N.C., told the judge that regardless of how the appeal turns out, "I can guarantee the court I will not be involved in the e-mail marketing business again."