United States v. Cordery, No. 10-4068 (10th Cir. 2011)
Annotate this CaseDefendant Curtis Cordery appealed his sentence, arguing that it was error for the district court to increase his term of imprisonment to enable him to qualify for a prison drug treatment program. Defendant pled guilty to one count of armed bank robbery. At sentencing, Defendant’s trial counsel sought a sentence below the guidelines range based on Defendant’s need for substance abuse and mental health treatment, noting "the court is specifically charged to consider the need for treatment in imposing sentencing." After considering arguments from both parties, the district court imposed a sentence of 56 months. In response to objections from Defendant’s counsel that a lesser sentence would make Defendant eligible for the treatment program, the court stated its belief that a prisoner serving a term of less than 30 months is not eligible to participate. The Tenth Circuit issued an opinion in a different case concluding that a district court cannot rely on rehabilitative goals in imposing a term of incarceration. The Supreme Court reached the same conclusion in Tapia v. United States. Based on these decisions, the Tenth Circuit found Defendant’s sentence was plain error, and remanded his case for resentencing.
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