Tapia

In sentencing Alejandra Tapia (“Tapia”) following her conviction on immigration and bail-jumping charges, the district judge made a number of comments suggesting that the length of the sentence he imposed was determined at least in part by a desire to ensure that Tapia received drug treatment while in prison. We affirmed Tapia’s sentence, but the Supreme Court reversed, remanding to this court to determine whether Tapia is entitled to relief despite her failure to object to her sentence when imposed. Tapia v. United States — U.S. -, 131 S.Ct. 2382, 2391-93 , 180 L.Ed.2d 357 (2011). We hold that the district court’s consideration of Tapia’s rehabilitative needs in determining her sentence constituted plain error. We therefore vacate the sentence and remand for resentencing.

I.

Border patrol agents arrested Tapia and Tinamarie Torres Debenedetto after they attempted to cross into the United States from Mexico with two undocumented aliens concealed in their car. Tapia was indicted for bringing an illegal alien into the country without presentation and for financial gain in violation of 8 U.S.C. § 1324 (a)(2)(B)(ii) and (iii), and was released on her own recognizance. When…