United States v. Kenneth Eugene Gibbs and Ronald Charles Wachs, United States of America v. Honorable James M. Carter

Kenneth Eugene Gibbs, twenty years of age, and Ronald Charles Wachs, nineteen years of age, were convicted on their pleas of guilty of the crime of importing marihuana in violation of 21 U.S.C.A. § 174. In the judgments entered on May 16, 1960, imposition of sentence was suspended, and defendants were placed on probation for a period of five years subject to certain conditions. Section 5010(a) of 18 U.S.C.A., a provision of the Youth Corrections Act, was relied upon by the trial court as authority for the suspensions and probation.

On May 18, 1960, the Government filed a motion under rule 35,…