United States v. Molignaro, No. 10-1320 (1st Cir. 2011)Annotate this Case
In 2005, defendant pleaded guilty to possession of child pornography and was sentenced to six months in prison and 36 months of supervised release, subject to conditions. In 2008, the district court tightened the conditions, which, in 2010, defendant was found to have violated by lying to his probation officer about his activities and by failing to take part in a course of therapy for sex offenders, after being suspended for lying to those conducting the course. Acting under 18 U.S.C. 3583(e), the district court revoked supervised release and resentenced the defendant to 22 months followed by further supervised release. Federal advisory sentencing guidelines recommended imprisonment of three to nine months after such a violation, but the district court imposed the longer prison sentence so that defendant would have time to take part in a course of sex therapy at a nearby federal prison and in light of defendant's behavior. The First Circuit vacated, holding that rehabilitation is not a consideration in resentencing.
The court issued a subsequent related opinion or order on August 2, 2011.