U-S Attorney George E-B Holding says in a written statement today that he was troubled by the incident and sent it to the federal department.
Jorge Hernandez-Villalvazo, a native of Mexico with a permanent U-S residency, was offered a plea deal because of the photo. The photo was taken sometime after his arrest in April 2005. He was accused of conspiring to traffic cocaine. After the photo surfaced during a pretrial hearing last week, Hernandez-Villalvazo was sentenced to between thirteen months and sixteen months in prison -- time he already served. His attorney has said he was innocent.