Appeal from the United States District Court
for the Eastern District of Michigan at Detroit.
No. 2:09-cr-20224-5—Gerald E. Rosen, District Judge.
Decided and Filed: October 11, 2017
Before: MOORE, WHITE, and DONALD, Circuit Judges.
KAREN NELSON MOORE, Circuit Judge. Ernest Adams is a seventy-one-year-old
opiate addict with an extensive criminal history; most of his convictions stem from his
substance-abuse problems. While on supervised release, Adams tested positive for opiates on
numerous occasions and subsequently pleaded guilty to violating a condition of his supervised
release. The district court then revoked his supervised release and imposed a below-Guidelines
sentence of eighteen months’ imprisonment. On appeal, Adams argues that the district court
abused its discretion by imposing a procedurally and substantively unreasonable sentence.
We hold that the district court’s sentencing decision was procedurally unreasonable
because the court violated Adams’s due-process right when it based his sentence upon unreliable
information about rehabilitation. We further hold that the sentence was substantively
unreasonable because the district court violated Tapia v. United States, 564 U.S. 319 (2011),
when it considered rehabilitation as a factor when calculating the length of the period of
incarceration. We therefore VACATE the defendant’s sentence and REMAND for