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WILLIAMS v. UNITED STATES

No. 72-1380.

476 F.2d 970 (1973)

Elliott Arthur WILLIAMS, Appellant, v. UNITED STATES of America.

United States Court of Appeals, Third Circuit.

Decided March 22, 1973.

Attorney(s) appearing for the Case

Elliott Arthur Williams, pro se.

Richard L. Thornburgh, U. S. Atty., Samuel J. Orr, III, Asst. U. S. Atty., Pittsburgh, Pa., for appellee.

Before VAN DUSEN and ADAMS, Circuit Judges, and BRODERICK, District Judge.

OPINION OF THE COURT

PER CURIAM:

This appeal presents the issue of whether 18 U.S.C. § 5010(d) requires that a sentence imposed by a district judge on a 19-year-old convicted felon be vacated because the judge did not make a formal finding that the defendant "will not derive benefit from treatment under" 18 U.S.C. § 5010(b) and (c) of the Youth Corrections Act, Chap. 402 of Title 18, 18 U.S.C. § 5005 et seq., even though the judge,

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