UNITED STATES v. SMITH

Nos. 80-1380, 80-1479.

683 F.2d 1236 (1982)

UNITED STATES of America, Plaintiff-Appellee, v. Rebecca Ann SMITH, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Clifford Rickard ARTHUR, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided August 10, 1982.


Attorney(s) appearing for the Case

Mark E. Griffin, Portland, Or., for Smith and Arthur.

Sidney I. Lezak, U. S. Atty., Portland, Or., for United States; Charles Turner, Asst. U. S. Atty., Portland, Or., on brief.

Before BROWNING, CHOY, WALLACE, KENNEDY, ANDERSON, SKOPIL, PREGERSON, POOLE, FERGUSON, CANBY and BOOCHEVER, Circuit Judges.


PREGERSON, Circuit Judge:

These consolidated appeals, both arising in the District of Oregon, present the question whether a "split sentence" is lawful under the Youth Corrections Act ["YCA"], 18 U.S.C. §§ 5005 — 26, and, if so, whether the offender must be segregated from adults during confinement.

The appellant in No. 80-1380, Rebecca Ann Smith, was indicted in February 1980 on one count of embezzling...

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