Sentencing Guidelines

By: Derek Hawkins//May 27, 2019//

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7^th Circuit Court of Appeals

Case Name: United States of America v. Rachel L. Kopp

Case No.: 18-3172

Officials: FLAUM, EASTERBROOK, and SYKES, Circuit Judges.

Focus: Sentencing Guidelines

Rachel L. Kopp has a history of substance abuse and drug‐related convictions. During the sentencing hearing for the revocation of her supervised release, the district court announced an 18‐month sentence; but then, after learning from the probation officer that 18 months might not allow sufficient time for Kopp to complete a residential drug treatment program, the court increased the sentence to 20 months. Kopp appeals, arguing the district court improperly lengthened her sentence to promote rehabilitation in violation of Tapia v. United States, 564 U.S. 319 (2011), and 18 U.S.C. § 3582(a). For the reasons below, we vacate the sentence and remand to the district court for resentencing.

Vacated and Remanded

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.

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