MOBILE, Ala. (WPMI) — Judge Michael Youngpeter decided not to send Cederick McMillianback to prison for an alleged violation of Alabama’s sex offender registration requirements.

McMillian was convicted in 2012 of sexual abuse and sodomy. He is still on probation for that crime. The victim was a 14-year-old girl.

Prosecutors said McMillian broke the sex offender registration requirements by working too close to a daycare in Mobile.

McMillian listed himself as CEO of Heritage Funeral Home on S. Broad St. in Mobile.

The funeral home closed in May after it was raided by Mobile County Sheriff’s deputies as part of an ongoing criminal investigation into alleged illegal burials.

McMillian’s attorney argues McMillian didn’t actually work at the funeral home, but volunteered there at the request of the church he pastors.

Judge Youngpeter ruled McMillian committed a technical violation of his probation, but sentenced McMillian only to time served and ordered him to report to the probation office as soon as possible.