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UNITED STATES v. KAYLOR

No. 1048, Docket 73-1530.

491 F.2d 1133 (1974)

UNITED STATES of America, Appellee, v. James KAYLOR, Defendant, Willie Glen Hopkins, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided February 11, 1974.

Attorney(s) appearing for the Case

Mark A. Landsman, Brooklyn, N. Y. (Lawrence Stern, New York City, of counsel), for appellant Hopkins.

Kenneth J. Kaplan, Asst. U. S. Atty. (Robert A. Morse, U. S. Atty., E. D. N. Y., L. Kevin Sheridan, Asst. U. S. Atty.), for appellee.

Before KAUFMAN, Chief Judge, and MOORE, FRIENDLY, HAYS, FEINBERG, MANSFIELD, MULLIGAN, OAKES and TIMBERS, Circuit Judges (en banc).

Submitted to the en banc Court November 12, 1973.

OAKES, Circuit Judge:

Following a divided panel opinion in this case filed October 15, 1973, rehearing en banc was ordered. The principal question presented is whether the trial court must make an affirmative explicit finding that a youth offender1 will not "derive benefit from treatment" under the Federal Youth Corrections Act...

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