Sherod William Mitchell v. United States
Sherod William MITCHELL, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee
Opinion
PER CURIAM:
This appeal is taken from an order of the district court dismissing the motion of this federal prisoner to vacate sentence pursuant to 28 U.S.C. § 2255 . We affirm.
Appellant contends that the sentencing judge erred in failing to make an explicit finding that he would not benefit from treatment under the Federal Youth Corrections Act, 18 U.S.C. § 5005 et seq. He cites Dorszynski v. United States, 1974, 418 U.S. 424 , 94 S.Ct. 3042 , 41 L.Ed.2d 855 .
Dorszynski is applicable only to those defendants under 22 years of age. Appellant was over 22 years of age at the time of conviction and classified as a young adult offender under 18 U.S.C. § 4209 . As such, the sentencing judge was not required to make explicit findings that the defendant would not benefit from the Youth Corrections Act.
United States v. Brown, 5 Cir. 1975, 522 F.2d 207 ;
United States v. Gamboa-Cano, 5 Cir. 1975, 510 F.2d 598 .
The judgment below is affirmed.
AFFIRMED.
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