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UNITED STATES v. DOE

No. 83-1836.

732 F.2d 229 (1984)

UNITED STATES of America, Appellee, v. John DOE, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided April 11, 1984.

Attorney(s) appearing for the Case

Michael J. Dissette, with whom Thomas E. Eichman Associates, P.C., Haverford, Pa., was on brief, for defendant, appellant.

Joseph F. Savage, Jr., Asst. U.S. Atty., with whom William F. Weld, U.S. Atty., Boston, Mass., was on brief, for appellee.

Before CAMPBELL, Chief Judge, BREYER, Circuit Judge, and GIERBOLINI, District Judge.

LEVIN H. CAMPBELL, Chief Judge.

In 1978, John Doe pled guilty to two narcotics offenses, and was sentenced to the custody of the Attorney General for a term of six years pursuant to the Federal Youth Corrections Act ("FYCA"). 18 U.S.C. § 5005 et seq. Doe obtained an unconditional discharge from the United States Parole Commission in November 1982. This early, unconditional discharge had the effect of "automatically set[ting] aside" his two convictions...

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