A federal judge dismissed the recommendations of prosecutors and dealt a harsher punishment Monday to a man who pleaded guilty to impersonating an American Red Cross worker to collect donations for Hurricane Katrina victims.
Tino Lee, 44, of Burbank was sentenced Monday to a year in federal prison and two years of probation.
U.S. District Judge George H. King's decision deviated from prosecutors' recommendation that he serve three years of probation and 400 hours of community service as part of a plea deal, his attorney, Robert Welbourn, said.
"We were surprised by it," Welbourn said. "Judge King decided a stronger message needed to be sent to the community and this was one way to do it."
Lee was considering filing an appeal to ask for a lower sentence, he said.
Lee and co-defendant Gina Liz Nicholas, 19, were arrested Sept. 15 after a police officer saw them collecting donations at a table outside a Best Buy store in Burbank, holding a sign reading "American Red Cross-Katrina Disaster."
The officer was suspicious of the makeshift badges they were wearing and asked to see formal Red Cross identification.
Best Buy employees told investigators the two and a minor who was not arrested had been soliciting funds for a week before the arrests. Authorities recovered $116.63 in cash and a $200 check from the donation box. An additional $91 in small bills was found in Nicholas' wallet and Lee had $153.91 in cash.
On the day Lee and Nicholas made their first court appearance, a group of Nicholas' family members visited a local Red Cross office with a plastic bag full of cash they said had been collected, according to Assistant U.S. Attorney Ellyn Lindsay.
At the time, Welbourn said all the collected funds have been handed over in hopes for leniency at Monday's sentencing hearing.
Lee has until March 6 to report to prison. Nicholas was scheduled to be sentenced Feb. 13.
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