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Osborne appeals rape sentence to Superior Court

A Warren man is headed to state prison for, in part, attempting to pass off baking powder as methamphetamine.

John W. Soderberg, 45, was sentenced to a total of 41-82 months in state prison on two dockets by Judge Gregory Hammond on Friday morning.

His attorney, Assistant Public Defender Mike Kitay, indicated that his client attempted to pass of baking powder as methamphetamine and noted that his client didn’t put any actual methamphetamine on the street.

At a second docket, he said his client has the stolen items at his house and is willing to give them back.

“(I) truly believe he is trying to take care of treatment,” he said.

First Assistant District Attorney Cody Brown said that the Commonwealth is requesting $550 in restitution to Alleghny Antiques as well as a no contact/trespass order at that site.

Soderberg told the court he is “grateful I got caught up in this” and said “whatever the court decides I’m grateful for.”

While inpatient treatment may have been recommended, Hammond said that the sentence is “past that point today.

“I think the time to return property has come and gone,” he added.

Hammond then sentenced Soderberg to 11 to 22 months in state prison, $550 in restitution, $1,625 in fines and fees, to undergo a drug and alcohol evaluation and comply with recommendations and to submit a DNA sample on a count of receiving stolen property.

He was given credit for 234 days time served and is not boot camp or recidivism risk reduction incentive eligible.

At a second docket, he was sentenced to 15 to 30 months incarceration, $1,475 in fines and fees and submission of a DNA sample on a count of sell a non-controlled substance represented as a controlled substance and 15 to 30 months, as well, with a $500 fine on a count of criminal use of a communications facility.

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