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COX v. UNITED STATES

No. 71-1384.

473 F.2d 334 (1973)

Earl French COX, Jr., Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided January 29, 1973.

Attorney(s) appearing for the Case

Joseph Forer, Washington, D. C., court-appointed counsel, for appellant.

Thomas P. McNamara, U. S. Atty. (Warren H. Coolidge, U. S. Atty., F. Stuart Clarke, Asst. U. S. Atty., on brief), for appellee.

Before HAYNSWORTH, Chief Judge, BOREMAN and BRYAN, Senior Circuit Judges, and WINTER, CRAVEN, BUTZNER, RUSSELL, FIELD and WIDENER, Circuit Judges, sitting en banc.

HAYNSWORTH, Chief Judge:

A majority of a divided panel of this Court concluded:

(1) That the juvenile defendant was entitled to a limited hearing before the Attorney General could direct that he be proceeded against as an adult, and

(2) That, having been tried as an adult, a sentence under the Federal Youth Corrections Act was mandatory, unless the trial court found that the youthful offender "will not derive...

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