United States v. Frank Jerome Hoye

Defendant Frank Jerome Hoye pleaded guilty to a one-count information charging him with kidnapping, 18 U.S.C. § 1201, and was sentenced to 25 years imprisonment. He appeals from the sentence imposed, claiming that it was harsh, excessive and based upon erroneous and prejudicial material contained in the presentence report. He further claims that the sentence was void because the district court failed to make an explicit finding on the record that he would not benefit from disposition under the Federal Youth Corrections Act, 18 U.S.C. § 5005 et seq., the defendant being 21 years of age.

At oral…