United States v. Clifton B. Taylor

TAMM, Circuit Judge:

The only issue in this case is whether the trial court erred in failing to exercise its discretion with respect to a possible sentencing disposition under Title II of the Narcotic Addict Rehabilitation Act of 1966 (NARA), 18 U.S.C. §§ 4251-4255. Because a felony charge was pending against defendant when he appeared for sentencing before the district judge, defendant was not an “eligible offender” under the Act. Therefore, the trial judge had no discretion to sentence him under NARA. The district court, not having been requested to do so, did not have a duty to consider…