United States v. Daniel Roy Flebotte

In this 2255, 28 U.S.C. proceeding, the appellant, who at the time of his conviction and sentencing was twenty years of age, complains of the failure of the District Court to make “explicit” findings, before sentencing under other applicable sentencing provisions, why the appellant would not have been benefited by sentencing under the Federal Youth Corrections Act, 18 U.S.C. § 5005 et seq. The District Court dismissed the petition, holding that at sentencing it had made “implicit”, though not “explicit” findings justifying failure to sentence under the Act. It is not sufficient, however, that…