United States v. James Kaylor, Willie Glen Hopkins

OAKES, Circuit Judge:

Following a divided panel opinion in this case filed October 15, 1973, rehearing en banc was ordered. The principal question presented is whether the trial court must make an affirmative explicit finding that a youth offender 1 will not “derive benefit from treatment” under the Federal Youth Corrections Act (Act), 18 U.S.C. § 5010(d). 2 A majority of the panel which decided this case held, in reference to appellant Hopkins, that an implicit finding was sufficient, the majority relying primarily upon Cox v. United States, 473 F.2d 334, 337 (4th Cir. 1973) (en banc), and…