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RODDY v. UNITED STATES

No. 74-1250.

509 F.2d 1145 (1975)

Spencer Lee RODDY, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Tenth Circuit.

Decided February 3, 1975.

Attorney(s) appearing for the Case

Winston Roberts-Hohl, Asst. Federal Public Defender, Albuquerque, N. M., for petitioner-appellant.

Ruth C. Streeter, Asst. U.S. Atty., Albuquerque, N. M. (Victor R. Ortega, U.S. Atty., on the brief), for respondent-appellee.

Before MURRAH, HILL and HOLLOWAY, Circuit Judges.

MURRAH, Circuit Judge.

Appellant Roddy was convicted on pleas of guilty for participation in two bank robberies—the first in New Mexico, the latter in Arizona. He was first convicted and sentenced in Arizona for the latter offense and received an indeterminate sentence under § 5010(b) of the Youth Corrections Act of 1950, 18 U.S.C. § 5005 et seq. Since he was over twenty-two years old, the court was required to and did affirmatively find that Youth...

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