UNITED STATES v. FLEBOTTE

No. 74-1016.

503 F.2d 1057 (1974)

UNITED STATES of America, Appellee, v. Daniel Roy FLEBOTTE, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided September 26, 1974.


Attorney(s) appearing for the Case

James R. Rogers, III, Raleigh, N. C., for appellant.

Jack B. Crawley, Jr., Asst. U. S. Atty., (Thomas P. McNamara, U. S. Atty., on brief), for appellee.

Before HAYNSWORTH, Chief Judge, and RUSSELL and WIDENER, Circuit Judges.


PER CURIAM:

In this 2255, 28 U.S.C. proceeding, the appellant, who at the time of his conviction and sentencing was twenty years of age, complains of the failure of the District Court to make "explicit" findings, before sentencing under other applicable sentencing provisions, why the appellant would not have been benefited by sentencing under the Federal Youth Corrections Act, 18 U.S.C. § 5005 et seq. The District Court dismissed the petition, holding that at...

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