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UNITED STATES v. RIVERA

No. 74 CR. 675.

427 F.Supp. 89 (1977)

UNITED STATES of America v. Adolph RIVERA, Defendant.

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

January 11, 1977.

Attorney(s) appearing for the Case

Robert B. Fiske, Jr., U. S. Atty. by Allen R. Bentley, Asst. U. S. Atty., New York City, for the United States.

Edward T. Chase, Federal Defender Services Unit, The Legal Aid Society, New York City, for defendant.

OPINION

MOTLEY, District Judge.

The question presented by this case is whether a defendant who is indicted before his twenty-sixth birthday, but pleads guilty after his twenty-sixth birthday, can be sentenced under the provisions of the Federal Youth Corrections Act (the Act), Title 18 U.S.C. §§ 4216 and 5005 et seq., when the delay was caused both by circumstances beyond his control and by the vigorous assertion of defendant's constitutional rights...

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