TUTEN v. UNITED STATES

No. 81-204.

440 A.2d 1008 (1982)

Melvin E. TUTEN, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided February 10, 1982.


Attorney(s) appearing for the Case

Linda S. Gillespie, Washington, D. C., appointed by the court, for appellant.

Lisa J. Stark, Asst. U. S. Atty., with whom Charles F. C. Ruff, U. S. Atty., and John A. Terry and Barry M. Tapp, Asst. U. S. Attys., were on the brief, for appellee.

Before NEWMAN, Chief Judge, and KELLY and NEBEKER, Associate Judges.


KELLY, Associate Judge:

Appellant was convicted by a jury of carrying a pistol without a license in violation of D.C.Code 1981, § 22-3204, and, on January 26, 1981, was sentenced to a prison term of two to six years. The issue on appeal is whether a felony recidivist sentence may be imposed on the basis of a prior Federal Youth Corrections Act (FYCA) conviction. 18 U.S.C. § 5005 et seq. (1976).

Appellant...

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