U.S. v. RUCKER

No. 16-6415.

874 F.3d 485 (2017)

UNITED STATES of America, Plaintiff-Appellee, v. Billy Joe RUCKER, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: October 27, 2017.


Attorney(s) appearing for the Case

ON BRIEF: Frank W. Heft, Jr. , Laura R. Wyrosdick , Office Of The Federal Defender, Louisville, Kentucky, for Appellant. Candace G. Hill , United States Attorney's Office, Louisville, Kentucky, for Appellee.

KETHLEDGE, J., delivered the opinion of the court in which COOK, J., joined. DONALD, J. (pp. 489-90), delivered a separate dissenting opinion.


OPINION

Billy Joe Rucker argues that the district court considered a forbidden factor — ironically, rehabilitation — when the court determined the length of his sentence for violating the terms of his supervised release. The record indeed suggests that the district court considered that factor. Hence...

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