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U.S. v. DOE

No. 09-2615.

617 F.3d 766 (2010)

UNITED STATES of America v. John DOE, Appellant.

United States Court of Appeals, Third Circuit.

Filed August 16, 2010.

Attorney(s) appearing for the Case

Candace Cain, (Argued), Office of Federal Public Defender, Pittsburgh, PA, Thomas W. Patton, Office of Federal Public Defender, Erie, PA, for Appellant.

Robert L. Eberhardt, Laura S. Irwin, (Argued), Office of the United States Attorney, Pittsburgh, PA, Marshall J. Piccinini, Office of United States Attorney, Erie, PA, for Appellee.

Before FISHER and COWEN, Circuit Judges, and DITTER, District Judge.

OPINION OF THE COURT

FISHER, Circuit Judge.

This appeal asks whether 18 U.S.C. § 3582(a), which forbids a district court from imposing a term of imprisonment at initial sentencing for the purpose of drug rehabilitation, restricts a district court from considering medical and rehabilitative needs when revoking a defendant's supervised release and requiring the defendant to serve the remainder of his sentence in prison. The District Court sentenced the...

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