United States v. Micah Godfrey , 615 F. App'x 455 ( 2015 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS SEP 1 2015
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 14-10246
Plaintiff - Appellee, D.C. No. 2:10-cr-00117-KJM
v.
MEMORANDUM*
MICAH JAMES GODFREY,
Defendant - Appellant.
Appeal from the United States District Court
for the Eastern District of California
Kimberly J. Mueller, District Judge, Presiding
Submitted August 25, 2015**
Before: McKEOWN, CLIFTON, and HURWITZ, Circuit Judges.
Micah James Godfrey appeals from the district court’s judgment and
challenges the 24-month sentence imposed upon revocation of supervised release.
We have jurisdiction under 28 U.S.C. § 1291, and we vacate and remand for
resentencing.
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
Godfrey argues, and the government agrees, that remand is warranted
because the district court improperly imposed the custodial sentence in order to
promote Godfrey’s rehabilitation. We agree that the record reflects that the court
imposed the length of the sentence to ensure that Godfrey would continue to
receive mental health treatment in custody. We, therefore, vacate the sentence and
remand for resentencing. See Tapia v. United States, 131 S. Ct. 2382, 2391
(2011); United States v. Grant, 664 F.3d 276, 282 (9th Cir. 2011) (rehabilitation
“cannot be the reason” for imposing a term of imprisonment upon revocation of
supervised release).
VACATED and REMANDED for resentencing.
2 14-10246