Benjamin George Tucker v. United States

MATTHES, Circuit Judge.

Pursuant to a waiver of prosecution by indictment, duly executed by Benjamin George Tucker and his attorney, Tucker was prosecuted under an information and convicted by a jury of violating 18 U.S.C. § 2312 (1948), commonly known as the ■“Dyer Act.” 1 We hereinafter refer to Tucker as defendant, or by name.

The district court, Honorable Edward J. McManus, sentenced the defendant pursuant to the provisions of the Federal Youth Corrections Act, 18 U.S.C. §§ 5005-5024 (1950), as amended, 18 U.S.C. §§ 5005-5026 (Supp.1966). This appeal followed.

There is no controversy as to…