0 comments | Print

U.S. Supreme Court rules longer prison terms not allowed for drug rehab

Published: Friday, Jun. 17, 2011 - 12:00 am | Page 4A
Last Modified: Sunday, Jun. 19, 2011 - 11:48 am

WASHINGTON – Alejandra Tapia's tough life is now one for the lawbooks, as the Supreme Court on Thursday agreed with the one-time California resident that judges cannot lengthen prison sentences in order to get inmates into drug rehabilitation.

The unanimous decision Thursday resolves a sentencing conflict that has divided lower-level courts. It's also a remarkable victory for the 32-year-old Tapia, who fought long odds simply to be heard.

"She has been sexually and physically abused since she was a teenager … and she needs help," U.S. District Judge Barry Moskowitz noted during Tapia's original trial, the trial transcript shows.

Justice Elena Kagan dispensed with Tapia's personal story with only one sentence in the 15-page majority opinion. The high court's sole stated interest was in interpreting a statute.

In 2009, Tapia was convicted of crimes that included trying to smuggle illegal aliens through the San Ysidro border crossing.

The trial judge imposed a 51-month sentence. This was longer than it might have been, but the judge noted that it was long enough to make Tapia eligible for a drug treatment program at a federal prison in Dublin.

Tapia originally went along with the longer prison term, but then challenged it as violating a sentencing reform law.

A lower-level appellate court covering Western states, including California, Idaho and Washington, rejected Tapia's argument. An appellate court covering Pennsylvania and several other East Coast states, though, had accepted similar sentencing challenges raised by other prisoners.

In the Supreme Court decision issued Thursday, justices noted that the sentencing reform law passed by Congress declared that imprisonment can serve only the purposes of retribution, public protection and deterrence.

"What Congress said was that when sentencing an offender to prison, the court shall consider all the purposes of punishment except rehabilitation, because imprisonment is not an appropriate means of pursuing that goal," Kagan wrote.

Tapia is now incarcerated at Federal Medical Center Carswell in Texas, which specializes in medical and mental health services for female inmates. The sentence that currently calls for her to be released in November 2012 will now be re-evaluated.

A young teenage mother, Tapia was previously convicted of possessing 66 pounds of marijuana for sale. She and a friend were then caught Jan. 14, 2008, when a San Ysidro border guard smelled gasoline in their Jeep Cherokee. Officials subsequently found two illegal immigrants stuffed into the car's reworked gasoline compartment.

Indicted on two counts of smuggling, Tapia fled. Six months later, she was captured in a trailer, where authorities also seized methamphetamine and a sawed-off shotgun. Prosecutors added a third charge – bail jumping – and secured a conviction.

© Copyright The Sacramento Bee. All rights reserved.


Call Michael Doyle, Bee Washington Bureau, (202) 383-0006.

Read more articles by Michael Doyle



About Comments

Reader comments on Sacbee.com are the opinions of the writer, not The Sacramento Bee. If you see an objectionable comment, click the "Report Abuse" link below it. We will delete comments containing inappropriate links, obscenities, hate speech, and personal attacks. Flagrant or repeat violators will be banned. See more about comments here.

What You Should Know About Comments on Sacbee.com

Sacbee.com is happy to provide a forum for reader interaction, discussion, feedback and reaction to our stories. However, we reserve the right to delete inappropriate comments or ban users who can't play nice. (See our full terms of service here.)

Here are some rules of the road:

• Keep your comments civil. Don't insult one another or the subjects of our articles. If you think a comment violates our guidelines click the "Report Abuse" link to notify the moderators. Responding to the comment will only encourage bad behavior.

• Don't use profanities, vulgarities or hate speech. This is a general interest news site. Sometimes, there are children present. Don't say anything in a way you wouldn't want your own child to hear.

• Do not attack other users; focus your comments on issues, not individuals.

• Stay on topic. Only post comments relevant to the article at hand.

• Do not copy and paste outside material into the comment box.

• Don't repeat the same comment over and over. We heard you the first time.

• Do not use the commenting system for advertising. That's spam and it isn't allowed.

• Don't use all capital letters. That's akin to yelling and not appreciated by the audience.

• Don't flag other users' comments just because you don't agree with their point of view. Please only flag comments that violate these guidelines.

You should also know that The Sacramento Bee does not screen comments before they are posted. You are more likely to see inappropriate comments before our staff does, so we ask that you click the "Report Abuse" link to submit those comments for moderator review. You also may notify us via email at feedback@sacbee.com. Note the headline on which the comment is made and tell us the profile name of the user who made the comment. Remember, comment moderation is subjective. You may find some material objectionable that we won't and vice versa.

If you submit a comment, the user name of your account will appear along with it. Users cannot remove their own comments once they have submitted them.

hide comments

Sacramento Bee Job listing powered by Careerbuilder.com
Quick Job Search
Buy
Used Cars
Dealer and private-party ads
Make:

Model:

Price Range:
to
Search within:
miles of ZIP

Advanced Search | 1982 & Older



Find 'n' Save Daily DealGet the Deal!

Local Deals