JULIA SMITH GIBBONS, Circuit Judge. Defendant Mark W. May appeals for the second time the sentence imposed by the district court upon his jury conviction for willfully evading his personal income tax liability, in violation of 26 U.S.C. § 7201, and failing to account for and pay over payroll taxes, in violation of 26 U.S.C. § 7202. The Bureau of Prisons released May on December 15, 2008; however, we find that his appeal is not moot. We further find that three of the multiple issues May raises on appeal have merit; therefore, we must vacate May’s sentence and remand this case once again to the district court for the purpose of considering whether May’s term of supervised release should be two or three years and the entry of an order of restitution reflecting the correct amount owed.

MERRITT, Circuit Judge. This sentencing appeal raises the question of what factors a district court may consider when deciding a motion to reduce a sentence pursuant to Federal Rule of Criminal Procedure 35(b), which allows the sentencing judge to reduce a sentence for substantial assistance to the government by the defendant. Defendant Kevin Grant pleaded guilty to several crimes related to heroin trafficking, and was sentenced to 25 years’ imprisonment, the statutory mandatory minimum. A statutory mandatory minimum sentence does not permit a sentencing judge to fully consider all of the factors normally required for a just sentence under 18 U.S.C. § 3553(a). Thus Grant has never received a sentence that considers all of the factors required for a just sentence under § 3553(a), including a sentence “not greater than necessary” under § 3553(a)(2)(D) (rehabilitation). Subsequently, he provided substantial assistance to the government in several other cases. In response, the prosecution filed a motion to reduce Grant’s sentence pursuant to Rule 35(b), and the District Court lowered his sentence from 25 years to 16 years. In so doing, the court concluded that the only factor it could consider was the degree of Grant’s substantial assistance. We hold that a district court is permitted to consider other factors normally required for a just sentence under § 3553(a), and therefore reverse and remand for further proceedings. Once the grip of the mandatory minimum sentence is broken, the sentencing judge may consider § 3553(a), including subsection (2)(D) on rehabilitation.

COOK, Circuit Judge. A jury found Timothy Rosencrantz guilty of sexually assaulting Elaine Lasky. He seeks habeas relief on the ground that the prosecution, by countenancing false testimony from Lasky, violated his due process rights. As explained here, we affirm the district court’s denial of Rosencrantz’s petition because, even assuming the materiality of the testimony at issue, the prosecutorial misconduct qualifies as harmless under Brecht v. Abrahamson, 507 U.S. 619 (1993).