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UNITED STATES v. BEHRENS

No. 86.

375 U.S. 162 (1963)

UNITED STATES v. BEHRENS.

Supreme Court of United States.

Decided December 9, 1963.

Attorney(s) appearing for the Case

Louis F. Claiborne argued the cause for the United States. On the brief were Solicitor General Cox, Assistant Attorney General Miller, Ralph S. Spritzer, Beatrice Rosenberg and Theodore George Gilinsky.

Aribert L. Young argued the cause and filed a brief for respondent.

Leon B. Polsky filed a brief for the Legal Aid Society, as amicus curiae, urging affirmance.

MR. JUSTICE BLACK delivered the opinion of the Court.

Respondent was convicted in a United States District Court of an assault with intent to murder, an offense punishable under 18 U. S. C. § 113 (a) "by imprisonment for not more than twenty years." Desiring more detailed information as a basis for determining the sentence to be imposed, the trial judge decided to proceed "under the flexible provisions of [§] 4208...

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