A federal judge on Tuesday refused to release a prisoner who is serving a relatively lengthy sentence for a drug conviction that categorized him as a career criminal, though the classification was based in large part on a separate state drug conviction connected to the state drug lab scandal.
The prisoner, Adam Davila, recently had a state judge overturn the 2008 state conviction, effectively eliminating his legal classification as a career criminal, and he had asked to be resentenced in federal court to time already served.
US District Court Judge George A. O’Toole Jr. agreed to scale Davila’s sentence back several years, based on the change in legal classification, but he said he was taking a “global” look at Davila’s entire record in refusing to release him.
Davila, who has a 30-year record for crimes including assault and manslaughter, had originally been sentenced to 10 years in prison under the career criminal classification. He asked that he be resentenced to 41 months, or time already served, which would have allowed him to walk out of the courthouse a free man. He faced 33 months under sentencing guidelines without the career criminal classification.
O’Toole instead resentenced him to 72 months, meaning he will serve his sentence for nearly another three years.
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