SEATTLE -- He's considered one of the most prolific spammers the Internet has ever known, and his fate is now in the hands of a federal judge.

The judge's ruling will determine how much prison time Robert Soloway will serve, but more importantly, could set a precedent for spam victims in the future.

Soloway of Seattle is responsible for sending hundreds of millions of unsolicited email all around the world until he was arrested in May. The 28 year old has been called the "Spam King" because the volume of emails he was sending out actually had an effect on worldwide Internet traffic.

In plea deal with the U.S. Attorney's Office, Soloway pleaded guilty to mail fraud, fraud in electronic mail and failing to file a tax return. He could face 26 years in prison but prosecutors are asking for 9 year and restitution -- and this is where the precedent could take place.

During the two-day hearing, which is expected to end Monday, Judge Marsha Pechman is hearing testimony from Soloway's victims. It's unusual to hear evidentiary testimony during a sentencing hearing, but this case is strewn with unusual issues.

Soloway is one of the first defendants in the country to be convicted of criminal spamming. In court documents, prosecutors state Soloway stands out among all the spammers in the world because of his malicious nature and contempt for the justice system.

The documents state Soloway was "brazen and even boastful that he is above the law and anyone - including federal judges".

The case poses challenging issues for Judge Pechman, who must determine if damages can be award to Soloway's victims.

David Reel, a landscaper from Florida, is just one of many victims who have filed claims against Soloway for his time and effort in combating the spam Soloway sent his company over a period of several months.

"I called, I sent emails, I tried to opt-out, I couldn't get him to stop," said Reel, who spent several days just trying to locate Soloway and his company, Newport Internet Marketing.

Reel said the time he spent dealing with Soloway's spam was worth $3,000.

Two years ago, Soloway began spamming government employees of Santa Barbara County in California. Jason Nast worked as a computer systems engineer for the county at that time. He job was to fight spam.

"I can't even tell you how he did what he did, because what he did was very good," said Nast in describing Soloway's technique.

Soloway cloaked his spam as if the recipient had sent the email to themselves; the email's header would show that the person receiving the email was the same person who sent it.

Nast is claiming the county spent $4,000 trying to find Soloway and get him to stop his spamming.

Court records show Soloway earned nearly a half million dollars in 2004 and 2005. It's income he did not pay tax on.

Should the judge decide the victims of Soloway's spamming are due money for their time and effort to fight the spam, it would set a new precedent for victims' claims in future spam cases.