Fernando Perez Bustillo v. United States

Fernando Bustillo appeals from a judgment of the district court dismissing his motion to vacate,sentence, 28 U.S.C. § 2255. We affirm. Assuming that the court reporter’s notes of the sentencing proceedings of July 17, 1967, are available, and further assuming that the notes would show that the sentencing judge did not make an explicit finding whether appellant would benefit from treatment under the Federal Youth Corrections Act (18 U.S.C. § 5005 et seq.), there is no error. In his pleadings to the district court appellant avers that 18 U.S.C. § 4209 (now 18 U.S.C. § 4216) required the…