Tuesday, December 14, 2010

Cert Grant: Rehab and Longer Sentences

Tapia v. United States, No. 10-5400 (cert granted Dec 10, 2010).

Issue:

May a dist ct give a defendant a longer sentence to promote rehab (Eighth and Ninth Circuits say yes), or is such a factor prohibited (as Second, Third, Eleventh, and D.C. Circuits have concluded)?

Lower ct: 376 F. App`x 707.

Look at 18 USC 3582(a): "imprisonment is not an appropriate means of promoting correction and rehabilitation."

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