The United States Supreme Court agreed to decide whether a district court judge can give a defendant a longer prison sentence for the purposes of rehabilitation.
In 2008, 31-year-old California resident Alejandra Tapia was indicted on two counts of smuggling illegal immigrants. Tapia skipped bail and was recaptured six months later where she was found in possession of methamphetamine. The trial court imposed a 51-month sentence with the belief that it would make her eligible for drug rehabilitation.
On appeal, the 9th Circuit Court of Appeals upheld the sentence stating that rehabilitation is a legitimate motive for sentencing. Tapia’s attorney and a number of other circuit courts, however, maintain that rehabilitation is not a proper basis for imposing a prison sentence, or in deciding on its length.
Despite all odds, the United States Supreme Court agreed to hear the case and decide on the matter. This decision will settle a circuit split and can very well shape the future of national sentencing guidelines.
If you are facing criminal allegations, it is very important that you have a criminal defense attorney who is current with the changing laws and can provide you with the most effective representation. Our attorneys at Wallin & Klarich have been in practice for over 30 years and will continue to remain on top of the ever-changing legal system. Call us today at 888-749-0034 or visit us online at www.wklaw.com. We will address any legal questions or concerns you may have.
