United States v. Escobar, No. 16-51069 (5th Cir. 2017)
Annotate this CaseThe Fifth Circuit affirmed defendant's sentence after he pleaded guilty to unlawful reentry following removal. Defendant argued that the district court violated 18 U.S.C. 3582(a) and Tapia v. United States by imposing or lengthening a prison sentence to enable an offender to complete a treatment program or otherwise promote rehabilitation. The court held that the district court did not err, let alone plainly err, when it abbreviated the sentence based on defendant's history and characteristics. In this case, the court acknowledged that the prison term might be too short for mental health and drug abuse treatment. Therefore, defendant's need for rehabilitation could not have been a dominant factor informing the sentencing decision. Nor did the district court’s subsequent Statement of Reasons offend Tapia.
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