Federal Judiciary

United States v. Perone, No. 08-0052-CR., 2009 WL 52070 (2d Cir. Jan. 9, 2009)

Perone appealed his 60 month sentence, imposed notwithstanding an advisory Guidelines range of 18-24 months, as substantively unreasonable.  Objectively, it seems like an awfully large percentage upward variance.  But, as the Second Circuit found, it wasn't substatively unreasonable given Perone's criminal history and conduct.

Perone did, however, argue that "the need for long-term psychiatric treatment is an inappropriate reason for imposing long-term imprisonment."  And the Second Circuit sort-of agreed.  It found that while "imprisonment is not an appropriate means of promoting correction and rehabilitation . . . it is not improper for a sentencing court to note the added benefit which a structured prison environment provides for a defendant's long-term treatment."

Seems to me, though, that there's a wide gulf between actual psychiatric treatment and a "structured prison environment."  But Perone didn't seem like the type of defendant for which slack should be cut.

Also, did I hear the Second Circuit correctly?  Imprisonment is not an appropriate means for promoting rehabilitation?