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UNITED STATES v. BALLESTEROS

No. 81-1773.

691 F.2d 869 (1982)

UNITED STATES of America, Plaintiff-Appellee, v. Richard BALLESTEROS, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided October 28, 1982.

Attorney(s) appearing for the Case

Mario Conte, San Diego, Cal., for defendant-appellant.

Roger W. Haines, Jr., Asst. U. S. Atty., argued, Peter K. Nunez, U.S.Atty., Roger W. Haines, Jr., Asst. U.S. Atty., on the brief, San Diego, Cal., for plaintiff-appellee.

Before ELY and CHOY, Circuit Judges, and THOMPSON, District Judge.

PER CURIAM:

On January 31, 1977, Richard Ballesteros entered a plea of guilty to violation of 21 U.S.C. § 844. As a youth offender he was sentenced to an indeterminate term of confinement under section 5017(c) of the Federal Youth Corrections Act (FYCA). 18 U.S.C. § 5005, et seq. This sentence carried a potential four to six-year period of confinement. Had Ballesteros been sentenced as an adult the maximum sentence he could have received would have...

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