Man released pending decision to vacate sentence
A Zelienople man was granted early parole in Butler County Court on Wednesday, pending the decision to vacate his sentence.
James M. Leiby, 40, will be released from the Butler County Prison pending a parole plan after the order was issued by county Judge Timothy McCune.
McCune also took under advisement argument relating to vacating Leiby's conviction, after his attorney, Public Defender Charles Nedz, argued that the sentence was unconstitutional.
Leiby was previously sentenced to 12 months minus one day to 24 months minus two days after previously pleading guilty to felony failing to register as a sex offender with the Pennsylvania State Police.
The underlying charge comes from a 2003 conviction of felony statutory sexual assault following a Sept. 1, 2002, incident. He was initially sentenced in September 2003 to 11 months and 15 days to 23 months in prison.
A full report will appear in the Butler Eagle.
