United States v. Neal Smallwood

DEVITT, Chief District Judge.

Defendant appeals from the judgment revoking probation and committing him under the Youth Corrections Act, 18 U.S.C. § 5010(b), claiming (1) the court abused its discretion in revoking probation, (2) the court erred in accepting the guilty plea because he was incompetent, and (3) the sentence was excessive and constituted cruel and unusual punishment. We find no merit in the claims and affirm the judgment.

Defendant pled guilty on August 8, 1974, to a one-count information charging a violation of 21 U.S.C. § 841(a)(1), possession of Lysergic Acid Diethylamide (LSD)…