Federal 7th Circuit Court
Criminal Court
Sentencing
Dist. Ct. did not commit plain error in sentencing defendant to 33-month, below-Guidelines term of incarceration on drug conspiracy charge, even though Dist. Ct. referenced defendant’s need for continued drug rehabilitation treatment at some point when rejecting defendant’s request for probation-only sentence. Under Tapia, 546 U.S. 319, Dist. Ct. may discuss opportunities for rehabilitation within prison when explaining rationale for his sentence. Moreover, comments identified by defendant did not improperly suggest that defendant’s sentence was being lengthened to accommodate need for continued drug rehabilitation treatment.