A convicted cocaine trafficker’s sentence was reduced by nearly two months in a recent Alberta Court of Appeal decision.
Three appeal court justices ruled Jordan Michael Hoelscher was entitled to 57 more days of credit against his six-and-a-half year sentence, for time served in custody prior to his conviction.
But an attempt to get it reduced further, by taking into account a bail order that mandated he live with his wife, was dismissed by the court.
Hoelscher was charged in December 2012, after a three-month investigation by the Red Deer RCMP and the Alberta Law Enforcement Response Team.
Hoelscher’s counsel, Simon Renouf, also argued before the appeal court that credit should also be given for the 183 days Hoelscher spent at the drug treatment facility Jellinek House and the 104 days he was on bail with the condition he live with his wife at her home.
Hoelscher pleaded guilty to conspiracy to traffic cocaine in September 2016. The appeal of his sentence was heard in May 2017.
The plea was the last of a series of court proceedings for the 35-year-old. He was sentenced to six-and-a-half years, which was reduced to five-and-a-half years after he was given credit for his time spent in custody before the plea.
Between 2011 and 2016, Hoelscher was in and out of custody and subject to several different bail orders during that time.
During that time, he was arrested for trafficking in cocaine in 2011 and charged with conspiracy to traffic cocaine.
He pleaded guilty to the 2011 charges and was sentenced to three years imprisonment.
When he was granted release from his sentence in January 2015, he was sent to the Edmonton Remand Centre to await trial on the 2012 cocaine trafficking charges. In June 2015, he was granted bail but was ordered to reside at Jellinek House. In December, 2015, he was allowed to leave Jellinek House, on the condition he reside with his new wife.
In April 2016, he was charged with assault and breaching bail conditions. Those charges were withdrawn, but he was held in custody for 57 days during that time. Those days were not counted towards his conspiracy sentence.
The appeal court ruled the 57 days should count towards his sentence, but the days at Jellinek House and with his wife do not.