Judge Gives Extra Prison Time
Mitchell Alan Bolenbaugh, a 47-year-old resident of Hillsdale, seems to have bad luck when it comes to meth charges and the law. In fact, meth is only part of it. Bolenbaugh seems to have bad luck when it comes to the law, period.
Bolenbaugh and his co-defendant, Russell Gibler, were arrested back on the 1st of February this year. They were accused of being in possession of methamphetamines, and for having the components of a meth lab with them.
Initially, Bolenbaugh was charged with operating a meth lab and possession of meth. Under Michigan law, the former is a 20 year felony, while the latter will earn you 10 years behind bars. But he accepted a plea bargain, and pled guilty to possession of meth. This meant that the more serious of the meth charges would be dismissed.
But at his sentencing, Judge Mike Smith had a few things to say, and they weren’t in Bolenbaugh’s favor. “I look at your record, Mr. Bolenbaugh, and it’s horrendous.” the Judge said. He then went on to explain that the record in question provided “substantial and compelling” reasons for him to depart from the state’s sentencing guidelines.
Bolenbaugh’s record, which so incensed the judge, is indeed substantial. Prior to this particular charge, he had been convicted in a total of 35 misdemeanors, 2 felonies and 11 probation violations. Included in those offenses was delivery of LSD, domestic violence, attempted larceny, delivery of marijuana, indecent exposure, and a number of traffic violations.
The state’s sentencing guidelines suggest that possession of methamphetamine convictions receive a sentence of zero-to-17-months in prison. But given Bolenbaugh’s history, Judge Smith didn’t feel that this was adequate on these meth charges. He sentenced the repeat offender to 3 to 10 years in prison and gave him 10 days credit for time served.
Bolenbaugh was in such a hurry to file an appeal, believing that his sentence was too harsh, that he didn’t even wait to leave the courtroom after sentencing. He stayed and, with his attorney, filed to appeal the sentence that Judge Smith handed down. Only time will tell whether the Court of Appeals supports his belief.