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SANKER v. UNITED STATES

No. 7659.

374 A.2d 304 (1977)

Asberry SANKER, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided May 17, 1977.

Attorney(s) appearing for the Case

Roy S. Lerman, Washington, D. C., appointed by the court, for appellant.

Paul N. Murphy, Asst. U. S. Atty., Washington, D. C., with whom Earl J. Silbert, U. S. Atty., and John A. Terry, C. Madison Brewer, and Richard L. Cys, Asst. U. S. Attys., Washington, D. C., were on the brief, for appellee.

Before GALLAGHER, YEAGLEY and HARRIS, Associate Judges.

HARRIS, Associate Judge:

Appellant was convicted of second-degree murder. D.C.Code 1973, § 22-2403. The crime is punishable by life imprisonment. D.C.Code 1973, § 22-2404. At the sentencing hearing, the government contended — and the trial court seemed to agree — that the Federal Probation Act, 18 U.S.C. § 3651 (1970), forbids probation because of the authorized life sentence.1 Appellant was sentenced to imprisonment...

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