BOSTON – In an opinion by retired U.S. Supreme Court Justice David Souter, the U.S. Court of Appeals for the First Circuit has ordered a lower court to resentence a sex offender whose sentence length—after his supervised release was revoked—was based on the time needed to treat him.

Earlier this month, a unanimous panel in United States v. Molignaro, 10-1320, vacated Eric Molignaro’s March 2010 resentencing and remanded the case to Chief Judge Mark Wolf of the District of Massachusetts for resentencing anew.

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