U.S. v. Kubeczko

Federal 7th Circuit Court
Criminal Court
Sentencing
Citation
Case Number: 
No. 10-3416
Decision Date: 
September 21, 2011
Federal District: 
N.D. Ill., E. Div.
Holding: 
Vacated and remanded
Dist. Ct. erred in sentencing defendant to above-guideline, 30-month term of incarceration on mail fraud charge where said sentence was based in part on Dist. Ct.'s belief that increased incarceration was needed so that defendant could obtain treatment for his mental illness and alcoholism. Remand was required since, under Tapia, 131 SCt 2382, sentencing judge may not increase length of prison term in order to facilitate defendant's rehabilitation.