3 years ago
WASHINGTON (AP) - A federal judge has overturned a ruling that kept DC Councilman and former Mayor Marion Barry's probation from being revoked.
Federal prosecutors say Barry violated terms of a 2005 plea agreement for not paying his income taxes. That agreement put him on three years' probation. Prosecutors say he should go to jail because he did not file some of the returns on time.
But a magistrate judge ruled last month that requests for revoking probation can only come from the U.S. probation office, not the prosecutors who asked for it.
Prosecutors appealed the ruling and now U.S. District Court judge Thomas Hogan has overturned that decision and ordered the case returned to court for a ruling on its merits.
If the lower court judge agrees that Barry did violate his probation, the former four-term mayor could wind up behind bars.
The 71-year-old Barry has accused prosecutors of unfairly targeting him.
