Monday, October 30, 2017

Tapia applies to revocation sentences

In United States v. Rucker, the defendant had his term of supervised release revoked  because he couldn't stop using methamphetamine.  The judge imposed a sentence of 24 months incarceration upon revocation, based in part because the Bureau of Prisons would not allow Rucker to get intensive drug treatment unless he received a sentence of 22 months or more.   The Court found that. pursuant to the Supreme Court's decision in  Tapia v. United States, 564 U.S. 319, 332 (2011), this was an improper basis for sentencing.  The Court rejected the Government's argument that the language of18 U.S.C. § 3582(a) did not apply.  The Court held that "by its plain terms, § 3582(a) applies not only when a district court determines “whether to impose a term of imprisonment,” but also “in determining the length of the term[.]”   The Court therefore remanded for resentencing.


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