UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE,
v.
ALVARO GAMBOA-CANO, DEFENDANT-APPELLANT
UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE,
ALVARO GAMBOA-CANO, DEFENDANT-APPELLANT
510 F.2d 598
Court of Appeals for the Fifth Circuit (1975)
Positive Treatment
Cited by 51 cases
Opinion of the Court
PER CURIAM:
We have considered the several assignments of error by appellant in this case relating to the insufficiency of the evidence to justify the jury’s verdict of guilty, to the asserted involuntariness of the defendant’s confession, to the conduct of the judge during the trial as having been prejudicial to the defendant, and to the alleged failure of the trial judge to comply with the principle of Dorszynski v. United States, 418 U.S. 424, 94 S.Ct. 3042, 41 L.Ed.2d 855 (1974), relative to the necessity of an explicit finding that defendant would not benefit from sentencing under the Youth Corrections Act.
After a careful review of the record, we find the assignments of error to be without merit. We also hold that since the defendant herein is over the age of 22, a young adult offender, the sentencing judge was not required to make explicit findings that the defendant would not benefit from the Youth Corrections Act (18 U.S.C. § 4209).
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (49 total)
-
State v. Ochran, 429 So. 2d 77 (Fla. 4th DCA 1983)
-
United States v. Lichenstein, 610 F.2d 1272 (5th Cir. 1980)
-
United States v. Avalos, 541 F.2d 1100 (5th Cir. 1976)
Previewing 3 of 49 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Dorszynski v. United States, 418 U.S. 424 (U.S. 1974)