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Tapia's topic: Can federal judges lengthen prison terms based on treatment programs?

By Douglas A. Berman

I have not blogged recently on the really interesting federal sentencing case of Tapia v. US, which is to be argued before the Supreme Court next month, because I have had the pleasure and honor of helping Professor Stephanos Bibas prepare an amicus brief supporting the judgment of the Ninth Circuit.  (Professor Bibas was invited to prepare this brief by the Supreme Court because the Solicitor General has adopted the defendant's position on the chief statutory issue, and he kindly invited me to help with the briefing.)  Here is the question presented in Tapia as set forth by the Solicitor General: "Whether 18 USC 3582(a) precludes a district courtfrom imposing a longer term of imprisonment in order to promote a defendant's rehabilitation."  Via the ABA, all the merits briefing for Tapia is now available at this link, including now this Brief for Amicus Curiae by Invitation of the Court...continue to full post

Full post as published by Sentencing Law and Policy on March 15, 2011 (boomark / email).