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NILES — A prison sentence handed down last week was affirmed. 

In that case, Berrien County Trial Judge Jennifer Smith re-sentenced Taiten Leigh Polly, 22, of Niles, to a prison term of 16 months to two years. He had pleaded guilty to fourth-degree criminal sexual conduct involving an incapacitated victim.  

He is already in prison after being convicted of third-degree criminal sexual conduct last June in Cass County stemming from a 2019 incident. He was sentenced last year to three years in prison.  

The current incident occurred Nov. 20, 2021 in Niles against a 17 year old girl to whom Polly gave alcohol. 

Judge Smith resentenced Polly after the parties realized that the wrong sentencing guidelines had been used. Monday, the judge gave the same sentence as she did last week although the prison sentence is now above the sentencing guidelines which are only advisory and not mandatory. 

Judge Smith noted that the sentencing guidelines did not adequately take into account that Polly is already in prison for a similar offense and the nature of this offense where he preyed on a vulnerable victim.