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. http://www.mlive.com/news/citpat/index.ssf?/base/news-22/1191593130156880.xml&coll=3
How can the ACLU defend this person? Doesn’t the “A” in ACLU mean American?? This illegal alien is NOT an American and is therefore not entitled to those “Civil Liberties” that the ACLU is trying to defend. Starting from the federal level, the judge should have had him deported because a federal violation should trump the state violation because it is a harsher crime committed.
2007-11-12 11:15:49 · 9 answers · asked by Anonymous in Politics & Government ➔ Immigration
Everybody knows that the ACLU is the most anti average American group under the sun, does it really surprise you?
2007-11-12 11:32:57 · answer #1 · answered by Simply Ώ 4 · 7⤊ 1⤋
my day was going so well until this point next time warn us if you're going to pose a question that involves the ACLpUke. besides how many americans get slapped so hard with a sentence has the ACLpUke defended them. i say as long as the judge did not exceed (and he didn't) the guide line for sentencing then there was no procedural error and it should not have won on appeal. that my friends makes the others who posted that it's the law, that's the way things are made to work in our judicial system or you would have him hung on the court house steps wrong. there are guidelines for successful appeal and this did not meet it.
2007-11-12 20:23:58 · answer #2 · answered by T 4 · 2⤊ 2⤋
Based on your argument due process does not apply and they should have simply hung him on the court house steps when he was arrested.
Either our laws apply or they don't. We can't have it both ways. That being said, since he is in custody and his status has been discovered he can be turned over to ICE and deported using the proper process.
2007-11-12 19:22:01 · answer #3 · answered by davidmi711 7 · 6⤊ 3⤋
There must be some mistake. Aren't Illegal Aliens incapable of committing crimes?
2007-11-12 19:27:29 · answer #4 · answered by Anonymous · 5⤊ 2⤋
They should be made to drop the American in their name. I don't know of any Americans that they have helped. I agree that he should have been deported.
2007-11-12 19:21:54 · answer #5 · answered by Ms.L.A. 6 · 9⤊ 2⤋
It makes me sick that he didn't serve his sentence and then was deported. He should have served the sentence. But now he can be deported.
2007-11-12 19:24:48 · answer #6 · answered by Gretl 6 · 4⤊ 2⤋
Because our court system was designed so that it is fair to all who enter into it. It was meant to treat each person exactly the same no matter where they come from, because at the time, most of them were immigrants. Now we extend the same protections to any person that is ACCUSED of violating the law. It doesn't say that all are innocent until proven guilty unless they are foreign or here illegally. Therefore that justice was protecting the law even if he did have to stand against the current. He did the right thing because he protected the law in this case. All it takes is one person, no matter their citizenship to lose their rights, for the rest of us to lose ours. Thats why they have to come up with special laws for accused terrorists to fall under.
2007-11-12 19:23:34 · answer #7 · answered by Anonymous · 2⤊ 9⤋
Sick, just sick. How can we continue to believe in our "justice" system with crap like this going on? The ACLU sucks.
2007-11-12 19:23:02 · answer #8 · answered by da bomb 3 · 8⤊ 3⤋
no , you got that wrong , it's LCLU .
You know , it's L for Latino .
2007-11-12 19:27:10 · answer #9 · answered by Anonymous · 6⤊ 2⤋