United States v. Grant, No. 10-10245 (9th Cir. 2011)
Annotate this CaseDefendant was convicted of fraud on two banks and was sentenced to one day of prison on each count and five years of supervised release, as well as restitution. Defendant subsequently violated his terms of supervised release on multiple occasions and was eventually sentenced to 24 months in prison to be followed by another 24 months of supervised release. The judge had given defendant more time in prison in order to facilitate his rehabilitation. At issue on appeal was whether rehabilitation could be considered for purposes of imposing imprisonment upon revocation of supervised release. The court overruled United States v. Duran and held that Tapia v. United States was the controlling statutory construction where rehabilitative benefits could not be the reason for imposing a prison sentence. Accordingly, defendant's sentence was vacated and the case remanded.
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