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McCRAY v. UNITED STATES

No. 75-1412.

542 F.2d 1246 (1976)

Herman Lee McCRAY, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided October 21, 1976.

Attorney(s) appearing for the Case

James W. Freeman, Third-Year Law Student (Randall M. Chastain, Columbia, S.C. [court-appointed counsel], on brief), for appellant.

James A. Oast, Jr., Asst. U.S. Atty., Norfolk, Va. (William B. Cummings, U.S. Atty., Norfolk, Va., on brief), for appellee.

Before RUSSELL, Circuit Judge, FIELD, Senior Circuit Judge, and WIDENER, Circuit Judge.

PER CURIAM:

On June 26, 1974, the Supreme Court in Dorszynski v. United States, 418 U.S. 424, 94 S.Ct. 3042, 41 L.Ed.2d 855, held that a convicted offender who is less than twenty-two years of age must be sentenced to treatment under the Youth Corrections Act1 unless the District Court makes an "explicit" finding that the defendant would not derive benefit from such treatment.2<...

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