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BROOKS v. UNITED STATES

No. 73-2195.

497 F.2d 1059 (1974)

George L. BROOKS, Petitioner-Appellant. v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided May 31, 1974.

Attorney(s) appearing for the Case

Richard N. Rose, Lexington, Ky., for petitioner-appellant.

Robert M. Murphy, Asst. U. S. Atty., Lexington, Ky., for respondent-appellee; Eugene E. Siler, Jr., U. S. Atty., Lexington, Ky., on brief.

Before CELEBREZZE, and McCREE, Circuit Judges, and WALINSKI, District Judge.

McCREE, Circuit Judge.

This appeal from the denial of a motion to vacate sentence under 28 U.S.C. § 22551 requires us to determine whether a court before sentencing as an adult, a person eligible for treatment under the Youth Corrections Act, 18 U.S.C. § 5010,2 must make an express finding that the youth offender will not benefit from the treatment provided by that Act and give reasons for that finding...

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