ANNAPOLIS, Md. (AP) — An Anne Arundel County councilman who was removed from his post beginning a federal prison sentence has returned to the council.

Daryl Jones took back his seat Monday night after Peter Smith, whom the council appointed to replace Jones, stepped down.

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The Capital of Annapolis reports that Smith’s action came after an Anne Arundel County Circuit Court judge ruled that the ordinance that removed Jones was null and void.

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Jones was convicted in 2011 of failing to file personal income tax returns. He was sentenced to five months in a federal prison in South Carolina, a term he began serving in January 2012.

The council removed him on the grounds that he wouldn’t be living in his district while in prison. Jones sued to get his seat back.

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