United States v Tidzump

Tidzump appealed her sentence arguing the district court plainly erred by effectively increasing it to allow her to do drug rehab in prison. The panel reversed. It held there was plain error here as the United states supreme Court has barred consideration of rehabilitation to increase sentences, the district court indicated it was considering a no prison or at most 18 month sentence then imposed a 31 month sentence which it stated was probably the lowest amount of time which would allow for rehab, the district court’s comments support a finding that a lower sentence is likely if the rehab is out of the equation, and the sentence was 40% higher than the one sought by Tidzump and thus affected her rights.