Roy Soto Puente v. United States

Petitioner Roy Soto Puente appeals the district court’s denial of a writ of error coram nobis attacking his 1968 sentence. For the reasons stated below, we reverse and remand for resentencing.

Puente pled guilty on September 18,1968 to a charge of unlawful purchase of narcotics. On October 4 he was sentenced to five years confinement; he was paroled on June 29,1970 and completed parole on September 23, 1973. Puente was twenty years old at the time of sentencing and eligible for special treatment under the Federal Youth Corrections Act, 18 U.S.C. § 5005 et seq. He claims that the sentencing…