White Judge Tells Black Defendant In The Vick Case: If I Give You Five Years, You Can't Appeal That!

Bush Appointed Judge Insists He's Unbound By Sentencing Guidelines

While Atlanta Falcons quarterback Michael Vick might be working towards resolving his twisted and disturbing dog fighting case, the judge has said that while he'll consider the agreement Vick seeks to enter into with federal prosecutors, he will not be bound by it.

U.S. District Judge Henry E. Hudson presided Friday over guilty pleas entered by two defendants in the case. Both received preliminary sentencing guidelines of 12 to 18 months in prison in a case that carries a maximum of five years in prison and $250,000 fine.

"I have the authority to construe the guidelines the way I think is appropriate. Do you understand that?" Hudson asked defendant Purnell Peace. "Yes sir," responded Peace, 35, of Virginia Beach

With one of Vick's attorneys seated in the spectator section of the courtroom, the judge also told Peace, "If I give you five years, you can't appeal that."

While the judge noted he will give a "lot of weight" to the guidelines, the uncertainty about his decision on sentencing remains as Vick and his attorneys weigh whether to accept a plea deal or take the case to trial on Nov. 26.

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Prosecutors also have reserved the right to file a superseding indictment by the end of this month, which could add to the charges and potential penalties. Prosecutors have to go back to the grand jury to seek the new indictment, and the grand jury convenes Monday.

The Atlanta Journal-Constitution is also reporting that the commonwealth's attorney in Surry County, Va., Gerald Poindexter, says he plans to file state charges against Vick and others in connection with the alleged dogfighting ring based on property formerly owned by Vick in Surry County.

By Gary Mihoces, USA TODAY