United States v. Jaime Nava

MEMORANDUM

Jaime Nava pleaded guilty to one count of racketeering conspiracy in violation of 18 U.S.C. § 1962 (d) and one count of conspiracy to distribute and to possess with intent to distribute crack cocaine in violation of 21 U.S.C. § 846 . The district court sentenced Nava to concurrent prison terms totaling 151 months plus ten years of supervised release.

Nava contends that the district court erred in considering rehabilitation prospects in prison in determining his sentence. Although the trial court acted in accord with then-existing circuit precedent, see United States v. Duran, 37 F.3d 557, 561 (9th Cir.1994), the Supreme Court has since held that sentencing judges may not lengthen an offender’s sentence to promote rehabilitation, Tapia v. United States, — U.S.-, 131 S.Ct. 2382, 2392 , 180 L.Ed.2d 357 (2011). Because Nava’s prospects for rehabilitation in prison played a significant role in the district court’s discussion of sentencing, we vacate his sentence and “remand for resentencing on an open record — that is, without limitation on the evidence that the district court may consider.” United States v. Matthews, 278 F.3d 880, 885 (9th Cir.2002) (en bane). We express…