Cardova Lawary v. United States

On appeal from denial of his motion to vacate sentence, 28 U.S.C. § 2255, Lawary raises two issues. First he alleges that his sentence was improper because the court, at sentencing, failed to make an explicit finding that he would not benefit from sentencing under the Youth Corrections Act, 18 U.S.C. § 5010. Such a finding is mandated by Dorszynski v. United States, 418 U.S. 424, 94 S.Ct. 3042, 41 L.Ed.2d 855 (1974). The court made such a finding ex post facto in dismissing the § 2255 motion, but La-wary argues that this is insufficient. Since Dorszynski was decided four months after Lawary…