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GOODWIN v. UNITED STATES

No. 78-5402.

602 F.2d 107 (1979)

Martin T. GOODWIN, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided May 4, 1979.

Rehearing Denied August 2, 1979.

Attorney(s) appearing for the Case

Philip Huddleston, Bowling Green, Ky., for petitioner-appellant.

Albert Jones, U. S. Atty., James H. Barr, Ann Nunn, Louisville, Ky., Patty Merkamp Stemler, U. S. Dept. of Justice, Washington, D.C., for respondent-appellee.

Before EDWARDS, Chief Judge, MERRITT, Circuit Judge, and CECIL, Senior Circuit Judge.

PER CURIAM.

Defendant, aged 18 in 1970, pleaded guilty to violation of the Dyer Act, 18 U.S.C. § 2312 (1976), and was sentenced by the late District Judge Swinford to a year and a day in federal prison. The Government concedes that the District Judge did not specifically find that "the youth offender will not derive benefit" from the procedures set out in the Youth Corrections Act, 18 U.S.C. § 5010(d). The defendant served his term, and has moved to vacate...

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