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MOORE v. UNITED STATES

No. 82-1175.

468 A.2d 1331 (1983)

James MOORE, a/k/a Maurice Moye, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided November 23, 1983.

Attorney(s) appearing for the Case

Reita Pendry, Public Defender Service, Washington, D.C., with whom A. Franklin Burgess, Jr., Public Defender Service, Washington, D.C., at the time the brief was filed, was on the brief, for appellant.

Daniel S. Seikaly, Asst. U.S. Atty., Washington, D.C., with whom Stanley S. Harris, U.S. Atty., and Michael W. Farrell, Asst. U.S. Atty., Washington, D.C., were on the brief, for appellee.

Before FERREN, BELSON and ROGERS, Associate Judges.

FERREN, Associate Judge:

Appellant argues that the trial court's decision to sentence him under the Federal Youth Corrections Act (FYCA), 18 U.S.C. §§ 5005-5026, after revoking his probation, violated Superior Court Criminal Rule 35. Concluding that appellant misapprehends the purpose of Rule 35 and its relationship to D.C.Code § 24-104 (1981) (governing probation revocation), we affirm.

I.

On November 13, 1981, appellant pleaded guilty...

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