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DETROIT (AP) — A woman who was sentenced to prison because a judge believed she would use drugs while pregnant has been released after the Michigan appeals court accused him of “extreme bias.”

Samantha Hughes gave birth to a boy on July 2. The appeals court on Tuesday threw out a 13-month sentence for tampering with her tether, an electronic monitoring device, and ordered her release from prison.

In a 2-1 opinion, the court said Grand Traverse County Judge Thomas Power discriminated against Hughes last December by sending her to prison because she was pregnant. Hughes had a history of drug use but told the judge that she hadn’t used drugs during previous pregnancies and “would never jeopardize my children or baby.”

“Essentially, the trial court determined defendant’s sentence term based on her pregnancy due date. … We conclude that the trial court’s reasoning behind defendant’s sentence is constitutionally inappropriate, prejudicial and exemplifies extreme bias,” said judges Kathleen Jansen and Jane Beckering at the appeals court.

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