Leslie G. STANDLEY, Appellant, v. UNITED STATES of America, Appellee

United States Court of Appeals for the Ninth Circuit1963-06-12No. No. 18395

318 F.2d 700

Summary · law.co

Holding. The district court's order dismissing Standley's motion to vacate the sentence was affirmed. The court held that the judge properly imposed a Youth Corrections Act sentence because Standley fell within the eligible age range and the judge was authorized to consider alternate sentencing options.

Standley pleaded guilty to transporting a stolen vehicle across state lines and received an indeterminate sentence under the Federal Youth Corrections Act. He later moved to vacate his sentence, arguing first that he did not meet the age requirement for Youth Corrections Act eligibility, and second that his sentence was improperly lengthened beyond an initially stated six-month term. The district court denied his motion.

On appeal, Standley's age argument failed because federal law permits Youth Corrections Act sentencing for defendants between twenty-two and twenty-six years old if the court finds they would benefit from the program's treatment—Standley was twenty-two years ten months old when convicted, placing him within this eligible range. His second argument also lacked merit because the trial judge's initial mention of six months was merely preliminary discussion; the judge retained full authority to impose a Youth Corrections Act sentence, which he did after hearing Standley's request for probation and supervision.

Summary generated by law.co from the public-domain opinion. The opinion text itself is public domain.

Key issues

Whether defendant's age at conviction disqualified him from Federal Youth Corrections Act sentencing
Whether sentencing under the Youth Corrections Act violated Fifth Amendment rights
Whether a sentence imposed under the Youth Corrections Act was properly imposed when the trial judge initially mentioned a different term

Procedural posture

Standley appealed the district court's denial of his motion to vacate sentence following his guilty plea conviction for transporting a stolen automobile across state lines.

Authorities cited

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Opinion · public domain

majority opinion

BARNES, Circuit Judge.

Appellant (defendant below) entered a plea of guilty to the charge of transporting a stolen automobile across state lines; a violation of 18 U.S.C. § 2312. He was given an indeterminate sentence under the Youth Corrections Act (18 U.S.C. § 5010(b)).

Appellant moved in the district court to vacate the sentence on two grounds- — first, that he was not “under * * * twenty-two years at the time of [his] conviction” (18 U.S.C. § 5006(e)), and second, that he was originally sentenced to six months, and now is required to serve a longer term. His motion was denied, and he here appeals in forma pauperis.

The first ground urged on appeal has no merit. 18 U.S.C. § 4209 provides.:

“In the case of a defendant who has-attained his twenty-second birthday but has not attained his twenty-sixth birthday at the time of conviction,, if, after taking into consideration the previous record of the defendant as to delinquency or criminal experience, his social background, capabilities, mental and physical health, and such other factors as may be considered pertinent, the court finds that there is reasonable grounds to believe that the defendant will benefit from the treatment provided under the Federal Youth Corrections Act (18 U.S.C. Chap. 402) sentence may be imposed pursuant to the provisions of such Act.”

“18 U.S.C. Chap. 402” contains 18 U. S.C. § 5005 et seq., including § 5010. Defendant was twenty-two years, ten months of age, on the date of his “conviction,” i. e., his plea of guilty. The court specifically found that defendant might benefit from the provisions of the Youth Corrections Act, despite the fact he was not a “Youth Offender.”

The second ground urged likewise has no merit. While the court considered a straight six months sentence, and said: “I am just going to give him six months,” defendant was not sentenced until the trial judge, impressed with defendant’s protestations he desired probation and supervision and help, sentenced him under the Federal Youth Corrections Act, as he was authorized to do.

Appellant here raises two points not touched upon in his motion below: the first being that the Fifth Amendment to the United States Constitution is violated by a law giving a judge the right to impose alternate types of sentences. There is no merit in this, and no cases are cited to support this theory of unconstitutionality. Appellant recognizes the binding force of Cunningham v. United States, 5 Cir. 1958, 256 F.2d 467, 471-473, and Carter v. United States, 10 Cir. 1962, 113 U.S.App.D.C. 123, 306 F.2d 283, which hold the Youth Corrections Act constitutional. Despite this, appellant “disagrees with the logic of those cases.” We do not.

Finally, appellant, in his reply brief on this appeal (denominated “Cross Brief for Appellant”) raises for the first time the matter of his mental competency at the time of his plea and sentence. Not having raised this issue below, he cannot raise it on this appeal.

The order of the court below dismissing the motion to vacate the sentence is affirmed.

. It is unnecessary here to quote the transcript of the proceedings had at the time of sentencing; which, is, however, a part of the record before us.