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Stephens v. United States

United States Court of Appeals, Fifth Circuit
Oct 6, 1967
383 F.2d 428 (5th Cir. 1967)

Opinion

No. 24513.

October 6, 1967.

Irby D. Stephens, pro se.

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

Before TUTTLE, GEWIN and AINSWORTH, Circuit Judges.


Appellant 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.

Vacated and remanded.


Summaries of

Stephens v. United States

United States Court of Appeals, Fifth Circuit
Oct 6, 1967
383 F.2d 428 (5th Cir. 1967)
Case details for

Stephens v. United States

Case Details

Full title:Irby D. STEPHENS, Appellant, v. UNITED STATES of America, Appellee

Court:United States Court of Appeals, Fifth Circuit

Date published: Oct 6, 1967

Citations

383 F.2d 428 (5th Cir. 1967)

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