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UNITED STATES v. RAMIREZ

No. 75-1395.

556 F.2d 909 (1976)

UNITED STATES of America, Plaintiff-Appellee, v. Marco Alfonso RAMIREZ, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

On Rehearing July 5, 1977.

Attorney(s) appearing for the Case

Frank J. Ragen, Deputy Federal Defender, San Diego, Cal., submitted on briefs for defendant-appellant.

Marco Alfonso Ramirez, c/o Frank J. Ragen, Deputy Federal Defender, San Diego, Cal., pro se.

Douglas G. Hendricks, Asst. U.S. Atty., San Diego, Cal., on the brief, Harry D. Steward, U.S. Atty., James W. Meyers, Asst. U.S. Atty., San Diego, Cal., argued, Stephen V. Petix, Asst. U.S. Atty., San Diego, Cal., on petition for rehearing, for plaintiff-appellee.

Before CHAMBERS, ELY and HUFSTEDLER, Circuit Judges.

HUFSTEDLER, Circuit Judge:

Ramirez' appeal presents this important constitutional question: Does the Fifth Amendment require that a prosecution for a misdemeanor be initiated by indictment when the defendant can be sentenced under the Federal Youth Corrections Act (18 U.S.C. § 5010(b))? We hold that a defendant who is potentially subject to the extended confinement prescribed by the Youth Corrections Act is thus subject to

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