United States v. Gilliard, No. 11-1088 (2d Cir. 2012)Annotate this Case
Defendant appealed from a judgment following his guilty plea to conspiring to distribute and possess with intent to distribute heroin. On appeal, defendant contended that his above-Guidelines sentence was procedurally unreasonable because the district court impermissibly based the sentence on his rehabilitative needs. The court held that the district court did not impose the prison term to promote defendant's rehabilitative needs and that the court's discussion of rehabilitation during the sentencing proceeding was permissible. The court also concluded that defendant's sentence was procedurally and substantively reasonable. Accordingly, the judgment was affirmed.