William Deverse v. United States

William DeVerse appeals from a dismissal of his § 2255 motion to vacate sentence.

In 1971, DeVerse was convicted of bank robbery in violation of 18 U.S.C. § 2113(a) and (d), and sentenced to twenty-five years imprisonment. At the time of sentencing, the appellant was twenty-one years old and, therefore, eligible for sentencing under the Federal Youth Corrections Act, 18 U.S.C. § 5005 et seq. The court, however, neither sentenced DeVerse thereunder nor made explicit findings that the appellant would not benefit from treatment under the Act.

On February 2, 1976, the appellant filed the instant §…