U.S. Court of Appeals for the Fifth Circuit, 1973

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

U.S. Court of Appeals for the Fifth Circuit · Decided November 6, 1973 · Gewin, Coleman, Morgan

486 F.2d 318; 1973 U.S. App. LEXIS 7177 (Federal Reporter, Second Series)

Counsel

Daniel S. Pearson, Bruce S. Rogow, Miami, Fla., for defendant-appellant., J. Daniel Ennis, Asst. U. S. Atty., Miami, Fla., for plaintiff-appellee.

Cases that cite this one

2 later published cases cite this decision.

Dorszynski v. United States (Supreme Court of the United States 1974)
United States v. Robert Fonseca (5th Cir. 1974)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

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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