COLUMBUS, OH (AP) – A man serving a 112-year prison sentence for raping a YSU student will be resentenced after the U.S. Supreme Court declined to decide whether the sentence was too long.

Defendant Brandon Moore was tried as an adult and convicted by a jury in the 2001 armed kidnapping, robbery and gang rape of a 22-year-old Youngstown State University student. The 31-year-old Moore was 15 at the time of the crime.

The Ohio Supreme Court overturned the sentence in December, saying it constitutes cruel and unusual punishment.

The U.S. Supreme Court on Monday declined to hear the state’s appeal. Mahoning County Assistant Prosecutor Ralph Rivera called the ruling disappointing.

Rachel Bloomekatz, Moore’s attorney, said the state Supreme Court properly determined children should be given a chance for release based on rehabilitation.

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