Public-domain · open source
OpenJurist

346 F.2d 159

Docket No. 8047.

King v. United States

Tenth Circuit Court of Appeals

Decided May 25, 1965.

Tenth Circuit Court of Appeals · decided 1965-05-25

Cited by 1 later decisions — most recently March 1970

1 federal appellate ·

2 counsel of record

Applies 18 U.S.C. § 2312 · 18 U.S.C. § 5010

Relies on Chapin v. United States · Mack v. United States

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1965-05-25

View the full empirical analysis of this case →

¶1*160Benjamin E. Franklin, Asst. U. S. Atty., Topeka, Kan., for appellee.

¶2No appearance for appellant.

¶3Before PICKETT, BREITENSTEIN and HILL, Circuit Judges.

¶4PER CURIAM.

¶5King waived indictment and entered a plea of guilty to an information charging violation of the Dyer Act. 18 U.S.C.A. § 2312. Subsequently, he was sentenced to the custody of the Attorney General under the provisions of the Federal Youth Corrections Act, 18 U.S.C.A. § 5010(b) and until discharged pursuant to 18 U.S.C.A. § 5017(c).

¶6It is admitted that no explanation was ever given to King concerning the difference in the potential sentences that could be imposed under the Dyer Act and the Federal Youth Corrections Act. The appellee has confessed error upon the basis of this court’s decision in Chapin v. United States, 341 F.2d 900, and, we think, properly so. Therefore, the sentence imposed upon King under the provisions of the Federal Youth Corrections Act is invalid.

¶7The order denying the Motion to Vacate the Sentence is reversed and the case is remanded for the imposition of a valid sentence.

/346/f2d/159 · .json · Public domain