Posted on 10/31/2007 12:40:24 PM PDT by TGIAO
Judge: Alien's sentence improper Wednesday, October 31, 2007By Steven Hepkershepker@citpat.com --
Luis Gonzalez-Mireles was punished more for being an illegal alien than for first-time drunken driving when he was sentenced to 93 days in jail, Circuit Judge Chad Schmucker ruled.
Schmucker found the sentence by District Judge Joseph Filip improper and disproportionate, and sent it back to District Court for an appropriate sentence.
In most cases, that means little or no jail time.
Gonzalez-Mireles, 21, of Ann Arbor was charged with drunken driving in Jackson on Dec. 18. Filip, citing the Mexican native's failure to seek citizenship here, issued a maximum sentence.
``I don't know any reason why as an illegal alien that we should spend money and services for you,'' Filip told Gonzalez-Mireles at his sentencing. ``You've done nothing but violate the law here.''
When lawyers for Gonzalez-Mireles motioned for resentencing, Filip reiterated that he did not appreciate illegal aliens thumbing their noses at America's immigration laws.
In his decision, dated Tuesday, Schmucker said he is sending the case to another district judge ``to preserve the appearance of justice and fairness.''
Both prosecutors and the probation department recommended no jail time at sentencing May 17.
``We believe this was an extraordinary case, for a person to be sentenced to the maximum on a first offense based on immigration status,'' American Civil Liberties Union attorney Michael Steinberg said Tuesday.
He argued the appeal on Oct. 7 before Schmucker.
Prosecutors contended Filip had latitude in sentencing based on past criminal acts, particularly living as an illegal alien for seven years.
Guess he appealed it, and the ACLU/La Raza probably helped him do so - at your expense, of course.
Our judicial system is worried about these aliens, while border control agents Compean and Ramos remain in jail. Hard to believe.
Chad Schmucker always wanted to live up to his name.
Filip has a calling for higher office.
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