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Sandra Prechtel, 51, of St. Marys pleaded guilty to mail fraud and tax evasion in 2012 but is now arguing that her sentence is unconstitutional.
Prechtel filed a motion on Jan. 31 to set aside, vacate or correct her sentence under auspices of the Supreme Court decision in Alleyne v. United States, according to court documents. In this decision, the Supreme Court took discretionary power from judges in imposing sentences. The Court ruled last June that any element that would increase the penalty for a crime must be submitted to a jury for consideration.