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U.S. v. BENNETT

No. 11-4401.

698 F.3d 194 (2012)

UNITED STATES of America, Plaintiff-Appellee, v. James Bernard BENNETT, Jr., Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: October 25, 2012.

Attorney(s) appearing for the Case

ARGUED: James Edward Todd, Jr. , Office of the Federal Public Defender, Raleigh, North Carolina, for Appellant. Kristine L. Fritz , Office of the United States Attorney, Raleigh, North Carolina, for Appellee. ON BRIEF: Thomas P. McNamara , Federal Public Defender, Stephen C. Gordon , Assistant Federal Public Defender, Office of the Federal Public Defender, Raleigh, North Carolina, for Appellant. Thomas G. Walker , United States Attorney, Jennifer P. May-Parker , Assistant United States Attorney, Office of the United States Attorney, Raleigh, North Carolina, for Appellee.

Affirmed by published opinion. Judge WILKINSON wrote the opinion, in which Judge THACKER and Judge URBANSKI joined.

OPINION

WILKINSON, Circuit Judge:

In Tapia v. United States, the Supreme Court held that the Sentencing Reform Act of 1984 does not permit federal courts to consider a defendant's rehabilitative needs when imposing a prison sentence or determining the length thereof. ___ U.S. ___, 131 S.Ct. 2382, 180 L.Ed.2d 357 (2011). This case presents the question whether Tapia applies in the context of resentencing on...

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