United States v. Lance Schenker, A/K/A Lance Shenker

Fifth Circuit

United States v. Lance Schenker, A/K/A Lance Shenker

486 F.2d 318, 1973 U.S. App. LEXIS 7177

CourtCourt of Appeals for the Fifth Circuit

DecidedNovember 6, 1973

Docket73-2601

StatusPublished

Cited by6 cases

This text of 486 F.2d 318 (United States v. Lance Schenker, A/K/A Lance Shenker) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

United States v. Lance Schenker, A/K/A Lance Shenker, 486 F.2d 318, 1973 U.S. App. LEXIS 7177 (5th Cir. 1973).

Pincite

Opinion

PER CURIAM:

Lance Schenker appeals solely on the ground that he was improperly sentenced under the Youth Corrections Act, 18 U.S.C., § 5010 et seq. He complains that he was sentenced as an adult in the absence of an express finding by the trial court that he would not derive benefit from treatment, 18 U.S.C., § 5010(d). The government argues that such a finding is implicit in the sentence.

This is a dispute which can quickly be resolved by the District Court.

We vacate the sentence and remand to the District Court, where the appellant may be resentenced on his plea of guilty, according to law, and with appropriate findings under 18 U.S.C., § 5010(d).

Vacated and remanded.

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