CUNNINGHAM v. UNITED STATES

No. 17028.

256 F.2d 467 (1958)

Donald Bernard CUNNINGHAM, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied July 9, 1958.


Attorney(s) appearing for the Case

Donald B. Cunningham, in pro. per., for appellant.

T. Fitzhugh Wilson, U. S. Atty., Shreveport, La., W. Wilson White, Asst. Atty. Gen., Harold H. Greene, Atty., Isabel L. Blair, Atty., Washington, D. C., for appellee.

Before HUTCHESON, Chief Judge, and RIVES and CAMERON, Circuit Judges.


HUTCHESON, Chief Judge.

This appeal presents for our determination whether, as found and declared by the district judge, the Federal Youth Corrections Act, 18 U.S.C. §§ 5005-5020, is constitutional and the commitment entered under it in this case is valid as against appellant's attack upon the Act as unconstitutional as applied here to a conviction for a misdemeanor carrying a maximum punishment of one year.

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