SHEROD WILLIAM MITCHELL, PETITIONER-APPELLANT,
v.
UNITED STATES OF AMERICA, RESPONDENT-APPELLEE
PER CURIAM:
This appeal is taken from an order of the district court dismissing the motion of this federal prisoner to vacate sentence pursuant to 28 U.S.C. § 2255. We affirm.
Appellant contends that the sentencing judge erred in failing to make an explicit finding that he would not benefit from treatment under the Federal Youth Corrections Act, 18 U.S.C. § 5005 et seq. He cites Dorszynski v. United States, 1974, 418 U.S. 424, 94 S.Ct. 3042, 41 L.Ed.2d 855. Dorszynski is applicable only to those defendants under 22 years of age. Appellant was over 22 years of age at the time of conviction and classified as a young adult offender under 18 U.S.C. § 4209. As such, the sentencing judge was not required to make explicit findings that the defendant would not benefit from the Youth Corrections Act. United States v. Brown, 5 Cir. 1975, 522 F. 2d 207; United States v. Gamboa-Cano, 5 Cir. 1975, 510 F. 2d 598.
The judgment below is affirmed.
AFFIRMED.
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United States v. Rodriguez, 585 F.2d 1234 (5th Cir. 1978)
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Brown v. United States, 551 F.2d 619 (5th Cir. 1977)
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United States v. Duran, 687 F.2d 348 (11th Cir. 1982)
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Isbell Enters., Inc. v. Citizens Cas. Co. OF NEW York, 431 F.2d 409 (5th Cir. 1970)
- Dorszynski v. United States, 418 U.S. 424 (U.S. 1974)
- United States v. Erle W. McGOUGH, 510 F.2d 598 (5th Cir. 1975)
- United States v. Alvaro Gamboa-Cano, 510 F.2d 598 (5th Cir. 1975)
- United States v. Brown, 522 F.2d 207 (5th Cir. 1975)