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Prison sentence set aside for polite bank robber

May 24, 2018

The Michigan appeals court says a four-year prison sentence for a polite bank robber was unreasonable.

The Michigan appeals court says the judge did not adequately justify the four-year minimum sentence.
Credit Flickr user Joe Gratz / HTTP://J.MP/1SPGCL0

The court has granted a new hearing to James Gailey. Guidelines suggested a minimum sentence of 10 months in jail, but Jackson County Judge John McBain went much higher.

Gailey pleaded guilty to robbing a bank just two days before Christmas in 2014. He told a teller to put money into a cloth bag. Gailey didn't have a weapon, and he apologized several times. He was accused of robbing the same bank months later.

The appeals court says the judge failed to adequately justify the minimum four-year sentence. The same punishment still is possible at the next hearing. Gailey has been in prison for 2 1/2 years.