He will not be resentenced–that was the decision of a Baraga County Circuit Court judge on a Wisconsin man currently serving time in prison.
49-year-old Bernard Fish was convicted of multiple felonies, including Armed Robbery in 2014.
The Michigan Court of Appeals earlier this year upheld Fish’s conviction, but remanded the case back to the circuit court to review his sentence.
The Appellate Court said because sentencing guidelines were ruled advisory, the judge could have given Fish a lesser sentence if he chose.
A hearing was held in Baraga County so the judge could hear arguments from counsel on whether Fish should be resentenced.
Fish himself was not required to be there, though he sent a letter to the judge expressing his desire to be present, along with several documents in a manila envelope.
After reviewing the submitted items, his defense attorney said he believed Fish had sufficient information to have his sentence reconsidered.
Judge Charles Goodman disagreed, however, and stated that even with the explanation that the sentencing guidelines were advisory, he did not sentence Fish to the maximum allowable years and he would not have sentenced him to fewer than he did.
Fish will continue to serve his sentence of 20 to 40 years for two counts of Armed Robbery, 5 to 20 years for each of two counts of extortion, 2 to 4 years for impersonating an officer, and 5 to 15 years for each of two counts of unlawful imprisonment.