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UNITED STATES v. MARRON

No. 77-1682.

564 F.2d 867 (1977)

UNITED STATES of America, Plaintiff-Appellee, v. John Patrick MARRON, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

November 14, 1977.

Attorney(s) appearing for the Case

Randi Wood, Missoula, Mont., for defendant-appellant.

Robert L. Zimmerman, Asst. U. S. Atty., Billings, Mont., for plaintiff-appellee.

Before CARTER and TRASK, Circuit Judges, and BURNS, District Judge.

JAMES M. CARTER, Circuit Judge:

The appeal raises the questions (1) whether a district court may legally sentence a 20-year-old youth offender to a split sentence of time and probation to follow, under 18 U.S.C. §§ 3651 and 5010(b); and (2) if not, whether the district court may revoke the probation and sentence to custody. We hold the probation sentence was illegal, but the district court could revoke probation and legally sentence the defendant under ...

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