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WARE v. UNITED STATES

No. 81-4617.

699 F.2d 474 (1983)

Timothy Paul WARE, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided February 15, 1983.

Attorney(s) appearing for the Case

Timothy Paul Ware, in pro. per.

David T. Wood, U.S. Atty., D. Paul Vernier, Agana, Guam, for respondent-appellee.

Before ELY and KENNEDY, Circuit Judges, and NIELSEN, District Judge.

PER CURIAM:

Relying on 28 U.S.C. § 2255, appellant Timothy Paul Ware commenced proceedings in the District of Guam to challenge his sentence. Ware had been sentenced in that district as an adult, the court having found that the Federal Youth Corrections Act (FYCA), 18 U.S.C. §§ 5005-5026, is inapplicable to a territorial court. The controlling statute provides "This chapter shall apply in the states of the United States and the District of Columbia...

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