Articles Tagged with Tapia

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For a person convicted of a crime, winning in the Supreme Court of the United States can be a mixed bag.

Sometimes it works out well. Clarence Gideon was acquitted when he was retried, this time with the aid of a defense lawyer. He was also, of course, lovingly portrayed by Henry Fonda in film, and is now perhaps the most often-invoked indigent of the Twentieth Century.

657704_supreme_court.jpgOn the other hand, Ernesto Miranda, the man who gave us Miranda warnings, was convicted on retrial after his statement was suppressed. He served 11 years in prison for rape.

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In Tapia v. United States, the Supreme Court held that a federal judge, when imposing sentence, cannot give time in prison in order to rehabilitate the person who is being sentenced.

Tapia turned on this statutory language from 18 U.S.C. § 3582(a):

The court, in determining whether to impose a term of imprisonment, and, if a term of imprisonment is to be imposed, in determining the length of the term, shall consider the factors set forth in section 3553(a) to the extent that they are applicable, recognizing that imprisonment is not an appropriate means of promoting correction and rehabilitation

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Darrell Walker made an exceptionally bad decision.

He was serving a prison sentence for credit card fraud, he was assigned to a halfway house at the end of his prison term (the Bureau of Prisons has federal prisoners spend the last months of a prison sentence at a halfway house as a way to reintegrate people into the community).

Mr. Walker did not return to the halfway house when he was supposed to. Indeed, he never returned at all. Twenty-two days after he left the halfway house, he was rearrested for escape.