HAMLIN, Circuit Judge:
Dominic Gagliardo, appellant herein, was charged by indictment in the United States District Court for the District of Nevada with a violation of 18 U.S.C. § 1464. After a jury trial he was convicted and sentenced under the Young Adult Offenders Act, 18 U.S.C. § 4209. He filed a timely appeal to this court which has jurisdiction under 28 U.S.C. § 1291.
18 U.S.C. § 1464 provides as follows:
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