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383 F.2d 428

Docket No. 24513.

Stephens v. United States

Fifth Circuit Court of Appeals

Decided Oct. 6, 1967.

Fifth Circuit Court of Appeals · decided 1967-10-06

Cited by 5 later decisions — most recently November 1969

5 federal appellate ·

2 counsel of record

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

Relies on Marvel v. United States

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1967-10-06

View the full empirical analysis of this case →

¶1*429Irby D. Stephens, pro se.

¶2Edward L. Shaheen, U. S. Atty., Q. L. Stewart, Asst. U. S. Atty., Shreveport, La., for appellee.

¶3Before TUTTLE, GEWIN and AINSWORTH, Circuit Judges.

¶4PER CURIAM:

¶5Appellant attacks a Dyer Act conviction (18 U.S.C. § 2312) for which sentence under the Youth Corrections Act (18 U.S.C. § 5010(b)) was imposed, allegedly without full disclosure by the trial judge as to the maximum sentence that could be imposed under that Act. The question seems to be the same as that presented by Marvel v. United States, 380 U.S. 262, 85 S.Ct. 953, 13 L.Ed.2d 960. On the basis of that decision, the judgment of the district court is vacated and the cause remanded for a hearing as to whether appellant was misled by the trial judge as to the maximum sentence.

¶6Vacated and remanded.

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