The 6th U.S. Circuit Court of Appeals in Cincinnati has overturned for a second time the one-day jail sentence of a Mount Vernon man found with hundreds of photos and videos depicting young girls being raped.
A three-judge panel dismissed the sentence against 70-year-old Richard Bistline, ruling it was unreasonably light and that Federal District Judge James Graham diminished the seriousness of the crime. Bistline had faced between five and a half and six and a half years in prison after his 2010 conviction. Graham twice gave Bistline a one-day sentence, citing his age and his and his wife's health problems. The appeals court is sending the case to a different judge for re-sentencing.