Legal Opinion

United States v. James Bennett, Jr.

Court of Appeals for the Fourth Circuit

Decided October 25, 2012No. 11-4401PublishedCited by 63 opinions

1Opinion of the Court

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 the revocation of supervised release. We hold that it does. Here, however, the…

2Cases cited9 opinions

  1. United States v. OlanoSupreme Court of the United States · 1993
  2. Gall v. United StatesSupreme Court of the United States · 2007
  3. Tapia v. United StatesSupreme Court of the United States · 2011
  4. United States v. Henry A. BosticCourt of Appeals for the Sixth Circuit · 2004
  5. United States v. Christopher Devon CrudupCourt of Appeals for the Fourth Circuit · 2006

4 more not listed; retrieve them via the Exa API.

3Cited by63 opinions

  1. United States v. Lavabit, LLC.Court of Appeals for the Fourth Circuit · 2014
  2. United States v. Walter Henry Vandergrift, Jr.Court of Appeals for the Eleventh Circuit · 2014
  3. United States v. Santario BoydCourt of Appeals for the Fourth Circuit · 2021
  4. United States v. Bryshun FurlowCourt of Appeals for the Fourth Circuit · 2019
  5. United States v. Jermarise BoldenCourt of Appeals for the Fourth Circuit · 2020

58 more not listed; retrieve them via the Exa API.

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