In re Sealed Case, No. 08-3029

Defendant's drug distribution sentence is reversed where 18 U.S.C. section 3582(a) expressly prohibits sentencing courts from treating rehabilitation as a reason for imposing a longer term of imprisonment, and the district court committed plain error by doing so.

Read In re Sealed Case, No. 08-3029

Appellate Information

Argued March 12, 2009

Decided July 28, 2009

Judges

Opinion by Judge Tatel

Partial Concurrence and Partial Dissent by Judge Henderson

Counsel

For Appellant:

Jonathan Zucker, Brooklyn, NY

For Appellee:

Nicholas P. Coleman, Assistant U.S. Attorney, Washington, DC