United States v. Leonard F. Davison

EUGENE A. WRIGHT, Circuit Judge:

Davison was sentenced in 1974 under the Youth Corrections Act, 18 U.S.C. § 5005 et seq. Congress repealed the Act in 1984. In 1986, the government moved to convert Davison’s sentence to that of an adult under section 5010(d). The court denied the government’s motion, holding that it lacked authority to change Davison’s sentence because Congress repealed the Act without a savings clause. 655 F.Supp. 1254 (D.Idaho 1987).

We affirm the court’s denial of the motion under United States v. Won Cho, 730 F.2d 1260 (9th Cir.1984) (en banc), and do not consider the effect…