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CHICAGO (AP) — A southern Illinois man who was spared prison in favor of probation in a felony cocaine case may end up behind bars after an appellate court found the judge in the case was far too lenient.

The (Belleville) News-Democrat reports that on Thursday, the 7th U.S. Circuit Court of Appeals in Chicago said that U.S. District Court of Southern Illinois Judge Staci Yandle decision to place Skylar Henshaw on probation for five years after Henshaw’s own lawyer requested a 57-month prison sentence didn’t reflect the seriousness of attempting to buy a kilogram of cocaine. Nor did it reflect the fact that Henshaw had previously been sentenced on felony drug charges prior to his 2015 arrest in Collinsville.

Henshaw will be re-sentenced at a later date.