United States v. Kopp

The Bureau of Prisons (BOP) released Kopp from prison and ordered her to report to a transitional services program. Kopp disregarded that directive. Days later, she was arrested and pleaded guilty to escaping custody, 18 U.S.C. 751(a). Kopp’s Guidelines range was 15-21 months' imprisonment. The court opined that the drivers of Kopp’s criminal activity were childhood trauma and drug addiction. Kopp’s attorney noted that Kopp participated in the BOP’s Residential Drug Abuse Program (RDAP) in 2016, but had not had another opportunity for treatment. The court noted that “she runs away” and that: “We’ve got to get her some more treatment, and I’m going to try again.” Kopp’s attorney told the court that Kopp had contacted a transitional living program, a sponsor through Narcotics Anonymous, and an organization that offers addiction treatment. After Kopp spoke, the court remarked that it was like a “broken record,” and announced: “The sentence ... is 18 months.... does that give Ms. Kopp time to participate in an RDAP?” The probation officer responded: “that’s probably, like, the lowest end.” The court said: "I’m going to make it 20 months.” Kopp interjected: ”RDAP is only nine months.” The court responded: ”You have to get into it. You’ve got to find a spot for it ... I’m going to make it 20 months.” The Seventh Circuit vacated. The district court improperly lengthened Kopp’s sentence to promote rehabilitation in violation of the Supreme Court’s 2011 “Tapia” holding and 18 U.S.C. 3582(a). View "United States v. Kopp" on Justia Law