UNITED STATES v. CRUZ

No. 343, Docket 76-1337.

544 F.2d 1162 (1976)

UNITED STATES of America, Appellee, v. Nelson CRUZ, Appellant.

United States Court of Appeals, Second Circuit.

Decided November 10, 1976.


Attorney(s) appearing for the Case

Benjamin Zelermyer, New York City (Morrison, Paul, Stillman & Beiley, New York City), for appellant.

Allen R. Bentley, Asst. U. S. Atty., New York City (Robert B. Fiske, Jr., U. S. Atty. for the Southern District of New York, Frederick T. Davis, Asst. U. S. Atty., New York City, of counsel), for appellee.

Before SMITH, OAKES and TIMBERS, Circuit Judges.


J. JOSEPH SMITH, Circuit Judge:

Nelson Cruz appeals from the denial by the United States District Court for the Southern District of New York, Marvin E. Frankel, Judge, of his motion to reduce the sentence of two years' confinement that he received under the Federal Youth Corrections Act ("the Act"), 18 U.S.C. § 5005 et seq. We find this sentence to be illegal under the Act, vacate the sentence and remand to the district court for resentencing.

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