Sentencing in drug case continued, again


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York News-Times
Posted May 08, 2008 @ 03:36 PM

York, NE —

Michael Lute, 20, of York, was set to be sentenced for delivery of a controlled substance, this week in York County District Court. But the case was continued yet another time.
He is facing a possible sentence of 1-20 years in prison and/or a $25,000 fine, because he's been convicted of a Class III felony.
He was originally charged with two counts, one was dropped as part of a plea agreement.
Last October, he pleaded no contest, admitting that he sold a substantial amount of marijuana to a confidential informant who was working for the Nebraska State Patrol. The affidavit of probable cause says that in July of 2006, arrangements were made between Lute and the informant for the transaction to take place. Officers were able to record the conversations and visually watch the transaction, according to the files.
According to court files, Lute sold 103.97 grams of marijuana to the informant near the green walking bridge along North East Avenue, and that another sale took place Feb. 1, 2006.
Sentencing was first supposed to take place in late November, 2007, but Judge Alan Gless agreed to a request for continuance in order for Lute to “complete certain requirements for his pre-sentence investigation.” Then he was supposed to be sentenced on in mid-February, but that was again continued in order for Lute “to continue outpatient (drug) treatment.”
This past week, Judge Gless allowed another continuance — but expressed that he is becoming frustrated with the string of postponements.
Lute’s attorney, Stacey Parr, explained that he is enrolled in an “after-care” program, following his outpatient (drug) treatment.
“There have been a number of continuances granted for this sentencing,” said Assistant York County Attorney Jennifer Schaefer. “I don’t know what another couple of weeks will change.”
“What will two weeks change, Ms. Parr?” asked Judge Gless.
“He will be able to enroll in after-care,” Parr responded.
“Michael, the goal here is to change your attitude and to get you care without any screw-ups,” the judge said to Lute. “Do you understand that? I don’t know if your attorney told you, but I’m sure she can read my mind. And you should know that my patience is limited with you.”