U.S. v. Kopp

Federal 7th Circuit Court
Criminal Court
Sentencing
Citation
Case Number: 
No. 18-3172
Decision Date: 
April 23, 2019
Federal District: 
W.D. Wisc.
Holding: 
Vacated and remanded

Dist. Ct. erred in sentencing defendant to 20-month term of incarceration on violation of term of defendant’s supervised release. Dist. Ct. originally announced that defendant would receive 18-month term of incarceration, but then increased sentence to 20 months, after learning from probation officer that 18-month sentence might not allow sufficient time for defendant to complete residential drug treatment program. As such, remand was required because instant sentence violated Tapia, 564 U.S. 319, where Court found that sentencing courts could not impose or lengthen sentence to promote offender’s rehabilitation. Ct. rejected govt. argument that defendant invited instant error by advocating for term of imprisonment that was long enough to complete prison treatment program.