United States v. Long, No. 22-2275 (7th Cir. 2023)
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Long was arrested for domestic battery. Police discovered a stolen firearm in his waistband and cocaine in plain view. Long pled guilty under 18 U.S.C. 922(g)(1) to possessing a firearm as a convicted felon. His guideline range was 33-41 months. The court explained it intended to impose a 51-month sentence, followed by three years of supervised release with conditions of drug testing and treatment. The court noted that Long had four felony convictions and several other convictions and that the guideline calculation understated his criminal history. Long’s history of domestic violence, was “very concerning” and Long had been “afforded the opportunity for rehabilitation by probation, parole, supervision, community corrections, jail sentences, and even a prison sentence.” The court noted that Long admitted he was addicted to drugs and requested treatment, that Long owed approximately $80,000 in child support and had limited employment history, then referred to “a long enough time that the defendant can participate in prison industries, as well as learn some job skills.” Neither party objected.
Long argued that the court plainly erred by imposing a sentence in part to rehabilitate him, contrary to 18 U.S.C. 3582(a) as construed in by the Supreme Court in “Tapia” (2011). The Seventh Circuit affirmed. Rehabilitation is an important consideration in most sentences. Tapia permits a judge to discuss rehabilitation so long as she does not make rehabilitation a primary consideration. This record does not show a plain error under Tapia.
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