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UNITED STATES v. BARTON

No. 77-2850.

566 F.2d 1106 (1977)

UNITED STATES of America, Plaintiff-Appellee, v. Byron Lee BARTON, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

December 30, 1977.

Attorney(s) appearing for the Case

Irwin H. Schwartz, Federal Public Defender (argued), Seattle, Wash., for appellant.

Peter Mair, Asst. U.S. Atty. (argued), Seattle, Wash., for appellee.

Before HUFSTEDLER, SNEED and KENNEDY, Circuit Judges.

PER CURIAM:

The sole issue in Barton's appeal from his conviction for possessing and transferring a firearm in violation of 26 U.S.C. §§ 5861(d), 5871, and 18 U.S.C. § 2, is that the district court erroneously believed that it did not have the power to sentence Barton as a youthful offender because his conviction was after the date of his 26th birthday.

Barton, along with his then co-defendants, was indicted on January 18, 1977. He was arraigned...

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