United States v. Joseph Krul

GRIFFIN, J. (pp. 376-83), delivered a separate opinion concurring in the judgment.

OPINION

ROGERS, Circuit Judge.

The defendant, Joseph Michael Krul, appeals his sentence on the ground that the sentencing judge based the length of his sentence on rehabilitative goals, contrary to the holding of Tapia v. United States, — U.S. -, 131 S.Ct. 2382, 2392, 180 L.Ed.2d 357 (2011). That case, however, requires reversal only where there is an identifiable basis for concluding that the district court based the length of the sentence of incarceration in part on rehabilitation. In this case there is no such…