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UNITED STATES v. VILLAR

No. 74 Cr. 1070.

416 F.Supp. 887 (1976)

UNITED STATES of America v. Ralph VILLAR, Defendant.

United States District Court, S. D. New York.

May 28, 1976.

Attorney(s) appearing for the Case

Robert B. Fiske, Jr., U. S. Atty. by Michael Q. Carey, Asst. U. S. Atty., New York City, for U. S.

Michael D. Ratner, Margaret L. Ratner, New York City, for defendant.

MEMORANDUM OPINION AND ORDER

MOTLEY, District Judge.

This case presents the question whether the court has the power, under certain circumstances, to sentence a criminal defendant nunc pro tunc as a Young Adult Offender pursuant to 18 U.S.C. § 4209, when that individual has already attained his twenty-sixth birthday prior to entry of a plea of guilty. The court holds that, on the facts of this case, it has the power to enter such a sentence to...

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