The appellant argues that the district court improperly considered his rehabilitative needs in determining the length of his prison sentence in violation of Tapia v. United States. 18 U.S.C. § 3582(a) applies to a revocation sentence. The record makes clear that the appellant's rehabilitative needs were the dominant factor. Because this is plain error, the sentence is vacated and remanded. 5th U.S. Circuit Court of Appeals, No. 11-10543, 02-01-2013.
United States v. Garza
February 25, 2013
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