However, Jeremy Jaynes, a resident of North Carolina, will remain free while he appeals the conviction on the grounds that the law was a Virginia state law that had only taken effect weeks before.
The judge in the case, Thomas Horne, delayed the start of Jaynes' term because of what he described as "substantial legal issues" relating to the anti-spam law under which he was convicted.
The nine-year sentence was recommended by a jury on Friday. Jaynes is already electronically tagged and free on a $1m bond.
Jaynes, among the 10 most prolific spammers in the world at the time he was arrested, but his conviction was for just 53,000 emails sent over a three-day period to America Online email accounts.
He has vowed that he will never be involved in spamming again. Two other defendants have escaped conviction in the case.
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