Legal Opinion · Concurring in part, dissenting in part

United States v. Won Cho

Court of Appeals for the Ninth Circuit

Decided April 10, 1984No. Nos. 82-1215, 82-1092, 82-1101 and 82-1388Published

1Concurring in part, dissenting in partWallace, Circuit Judge

I agree that when a district court imposes a Youth Corrections Act (YCA) sentence under 18 U.S.C. §§ 5010(b), 5017(c), but suspends execution of the sentence, see 18 U.S.C. § 5010(a), it may not later require the committed youth offender to serve a longer term than permitted by the YCA. The six year statutory limit of subsection 5017(c) begins on the date of conviction, and any modification because of a later probation revocation may not extend the sentence beyond that time. I also agree that if a district court suspends imposition of a YCA sentence and places the youth offender on probation,…

2Cases cited17 opinions

  1. Blockburger v. United StatesSupreme Court of the United States · 1931
  2. Meachum v. FanoSupreme Court of the United States · 1976
  3. Williams v. New YorkSupreme Court of the United States · 1949
  4. Rescue Army v. Municipal Court of Los AngelesSupreme Court of the United States · 1947
  5. Dorszynski v. United StatesSupreme Court of the United States · 1974

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