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Schmitz Appeal Bond Denied, Must Go To Ala. Prison

Birmingham, AL – A federal magistrate has denied former state Rep. Sue Schmitz's request to stay out of prison while appealing her conviction on corruption charges.

U.S. Magistrate Judge Harwell Davis ordered the Toney resident to report to the designated facility on Dec. 4 at noon.

William Clark is Schmitz's attorney and said he will appeal Davis' order to a district judge.

Davis ruled Wednesday that Schmitz did not identify any error during trial or raise any issues post conviction that would justify her remaining out of prison while the case is appealed.

Schmitz was sentenced to 2 years and 6 months in prison after being convicted in February on fraud charges.

She also is to pay $171,000 in restitution after doing little work for the two-year college system.

(Copyright 2009 by The Associated Press. All Rights Reserved.)

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