March 31, 2014 at 11:17 a.m.
Sentence modified in meth case
Sentence modified in meth case
In Oneida County Circuit Court Friday, a judge reduced the six-month jail sentence initially imposed on Pedro Jacinto by 60 days. The reason for the change is that Jacinto, 30, is expected to be deported by U.S. Immigration and Customs Enforcement (ICE). That agency does not have authority to take Jacinto into custody if he is still serving out a jail sentence in Oneida County, attorneys explained Friday.
Reserve Judge Robert Kinney had crafted the original sentence intending to keep Jacinto in custody until ICE officials could pick him up. He said he didn't believe the joint recommendation of the attorneys (120 days in jail with credit for 90 days already served) would provide ICE enough time. That's why he lengthened the sentence by two months, but said ICE could pick Jacinto up before that time lapsed.
But Jacinto's attorney, Mary Hogan, said on Friday it's not possible to carry out the sentence that way.
"After sentencing last week, we learned more about the immigration process," Hogan said. "Immigration has no authority to pick him up until the sentence is over."
She explained that even when Jacinto completes his sentence, he cannot simply be released. He will be detained for ICE officials.
Judge Patrick O'Melia modified the sentence so that it is in line with what attorneys initially recommended. It will keep Jacinto in the Oneida County jail for at least three more weeks before he is in the hands of ICE.
"Judge Kinney's intent was to keep him here long enough so that immigration could come get him, but the sentence is actually counterproductive to that goal," O'Melia said. "If Judge Kinney wanted him dealt with by another agency he should have followed the initial recommendation. In essence, it's a shorter sentence, but it accomplishes what I would like and what I think Judge Kinney intended."
Jacinto was arrested last December on allegations he sold methamphetamine to a local restaurant manager. As part of a plea deal with the state, he entered a no contest plea to a felony count of possession of methamphetamine.
Kyle Rogers may be reached at [email protected].
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