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King v. United States

United States Court of Appeals, Tenth Circuit
May 25, 1965
346 F.2d 159 (10th Cir. 1965)

Opinion

No. 8047.

May 25, 1965.

Benjamin E. Franklin, Asst. U.S. Atty., Topeka, Kan., for appellee.

No appearance for appellant.

Before PICKETT, BREITENSTEIN and HILL, Circuit Judges.


King 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).

It 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.

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


Summaries of

King v. United States

United States Court of Appeals, Tenth Circuit
May 25, 1965
346 F.2d 159 (10th Cir. 1965)
Case details for

King v. United States

Case Details

Full title:Theodore Roger KING, Appellant, v. UNITED STATES of America, Appellee

Court:United States Court of Appeals, Tenth Circuit

Date published: May 25, 1965

Citations

346 F.2d 159 (10th Cir. 1965)

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