MT. VERNON — Judge David Overstreet denied a motion to reconsider the sentence of convicted sex offender Albert Rainey during a hearing Wednesday.
Rainey, 39, of Mt. Vernon, was sentenced by Overstreet on May 17 to two consecutive 20-year prison sentences after Rainey was convicted by a Jefferson County jury on two counts of predatory criminal sexual assault of a child under the age of 13.
Overstreet listened to arguments from defense attorney Sean Featherstun and Assistant State’s Attorney Darin Rice, and then announced he was “comfortable” with the sentence while denying the motion for reconsideration.
No witnesses were presented during the hearing.
Featherstun said by reducing the sentence at least five years it would benefit the defendant because he has already been incarcerated for 6 1/2 years. Featherstun recommended a sentence of 15 years on each count.
Rice argued Rainey faced a sentencing length of 12 to 60 years on the charges, although the judge sentenced him to 40 years. Rice said is a “just and reasonable sentence.”
In addition to the 40-year prison sentence, Rainey could be on parole the rest of his life, depending on the actions of the Illinois Prison Review Board. The judge previously sentenced Rainey to three years to life mandatory supervised release, per statute.
Rainey was convicted of the charges following an open plea in 2007. The alleged offense occurred in 2006. However, that conviction was overturned by the Fifth District Court of Appeals due to an error in sentencing. Rainey was given a new trial this past winter and convicted in February.
Rainey’s sentence was stayed until Wednesday by the judge, citing travel costs to transport Rainey to and from prison. He is expected to report to Graham Correctional Center in Hillsboro and then be assigned a permanent residence by the Illinois Department of Corrections.