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IN RE SEALED CASE

No. 08-3029.

573 F.3d 844 (2009)

In re SEALED CASE.

United States Court of Appeals, District of Columbia Circuit.

Decided July 28, 2009.

Attorney(s) appearing for the Case

Jonathan Zucker argued the cause and filed the briefs for appellant.

Nicholas P. Coleman, Assistant U.S. Attorney, argued the cause for appellee. With him on the brief were Jeffrey A. Taylor, U.S. Attorney, and Roy W. McLeese III, Elizabeth Trosman, and Kenneth F. Whitted, Assistant U.S. Attorneys.

Opinion concurring in part and dissenting in part filed by Circuit Judge HENDERSON.

TATEL, Circuit Judge:

Sentenced to eleven years in prison after pleading guilty to unlawful distribution of 2.1 grams of heroin, defendant appeals, arguing that the district court improperly sought to promote his rehabilitation through a longer term of imprisonment. Although defendant's failure to object to the district court's reasoning at sentencing limits us to plain error review, we agree that 18 U.S.C. § 3582(a) expressly prohibits sentencing courts from...

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