United States v. Walker, — F.3d —, 2017 WL 34457 (10th Cir. Jan. 4, 2017)

A convicted serial bank robber asked to attend in-patient drug treatment prior to sentencing. after undergoing inpatient treatment.  The defendant’s apparent success in the treatment program led the district court to sentence him to the 33 days he previously served in pretrial detention.  The government appealed, arguing that the sentence was subjectively unreasonable.  The Tenth Circuit Court agreed, holding thatthe sentence was unreasonably short based on the statutory sentencing factors.  The district court, in its commendation of the defendant’s sobriety, gave too little value to deterrence, incapacitation, and respect for the law.