United States v. Cordery

TYMKOVICH, Circuit Judge.

Curtis Cordery appeals his sentence, arguing that it was error for the district court to increase his term of imprisonment to enable him to qualify for a prison drug treatment program. After oral argument, we issued an opinion in a different case concluding that a district court cannot rely on rehabilitative goals in imposing a term of incarceration. See United States v. Story, 635 F.3d 1241 (10th Cir.2011). The Supreme Court reached the same conclusion recently in Tapia v. United States, - U.S. -, 131 S.Ct. 2382, 180 L.Ed.2d 357 (2011). Based on these decisions, we…