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Already Plagerizing

By Melody Evans and Kirk Redmond

Back online for a day, and I am already stealing material. From the Third Circuit blog, a sentencing Court cannot use the excuse of rehabilitation to imprison a defendant, or to determine the length of imprisonment:Rehabilitation cannot be used to justify term of imprisonment, even if other factors are cited as wellby Brett Sweitzer The Third Circuit this week, in U.S. v. Hoffa, reiterated that 18 U.S.C. 3582(a) prohibits courts from using rehabilitation (including medical treatment) to justify imprisonment or to set the amount of imprisonment that will be served. The Court had previously so held in U.S. v. Manzella, 475 F.3d 152 (3d Cir. 2007). But in Manzella, rehabilitation was the only justification given, whereas the district court in Hoffa cited rehabiliation as well as incapacitation...continue to full post

Full post as published by Kansas Federal Defender on December 04, 2009 (boomark / email).