Daniel Lee Cherry v. United States

DUNIWAY, Circuit Judge.

This appeal is from a denial of a motion to vacate sentence under 28 U.S.C. § 2255. Appellant, who was then 19 years old, was indicted for a violation of 18 U.S.C. § 2312, pleaded guilty, and on June 2, 1959, was placed on probation for five years. His probation was revoked on May 4, 1960, and the court sentenced him to the custody of the Attorney General pursuant to the Federal Youth Corrections Act, 18 U.S.C. § 5010 (b) , until discharged pursuant to § 5017 (c) . Both when convicted and when sentenced, he was a “youth offender” (18 U.S.C. § 5006(e)).

Appellant contends…