Instead of sentencing Tuesday, U.S. District Judge Richard Lazzara ordered an evidentiary hearing to determine if a 200-microgram dose of the drug Cytotec could have caused the death of Remee Jo Lee's nearly 7-week embryo.
Welden, 28, admitted giving Lee the a bottle of the pills, disguised as an antibiotic, after she became pregnant and refused an abortion. Attorneys arranged a plea deal with a recommended prison term of 13 years and eight months, the Tampa Bay Times reported.
The judge, however, noted no reference to the pill's potency was made in a pre-sentencing report.
The sentencing recommendation was based on convictions for mail fraud and product tampering, with the latter penalty enhanced because Welden was alleged to have caused bodily injury. Without a finding that he caused bodily injury, though, sentencing guidelines could go as low as 41 months.
A new sentencing date has not been set.
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