UNITED STATES v. CAMPBELL

No. 83-3037.

724 F.2d 812 (1984)

UNITED STATES of America, Plaintiff/Appellee, v. James S. CAMPBELL, Defendant/Appellant.

United States Court of Appeals, Ninth Circuit.

Decided January 24, 1984.

As Amended on Denial of Rehearing May 8, 1984.


Attorney(s) appearing for the Case

Thomas M. Coffin, Asst. U.S. Atty., Eugene, Or., for plaintiff/appellee.

James C. Jagger, Jagger & Holland, Eugene, Or., for defendant/appellee.

Before WRIGHT, CANBY, and BOOCHEVER, Circuit Judges.


BOOCHEVER, Circuit Judge:

This is an appeal from a conviction for using a telephone to facilitate a conspiracy to distribute marijuana in violation of 21 U.S.C. § 843(b). It presents the novel question of whether a sentencing court may properly consider a prior drug conviction under the Federal Youth Corrections Act (FYCA), 18 U.S.C. § 5005 et seq. Campbell contends that the parole and probation department's reference in its presentence report to...

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