A federal appeals court has vacated a below-guidelines sentence because the trial court erred when it relied on a psychologist’s report, which was prepared for a pretrial bail hearing, that an admitted child molester posed no danger to the community.
The U.S. Court of Appeals for the Second Circuit instructed Western District Judge William M. Skretny to resentence Chad Edward DeSilva because the report dealt only with the threat he posed if released pretrial—and not “whether DeSilva would pose a danger to society once he had served his sentence and was released from prison.”
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