Carl Robinson v. United States

This appeal from the denial of appellant’s habeas petition presents a question of compliance with the requirement of Dorszynski v. United States, 418 U.S. 424, 94 S.Ct. 3042, 41 L.Ed.2d 855 (1974), that before sentencing a young offender as an adult the sentencing judge must make an explicit finding that there would be no benefit to sentencing under the Federal Youth Corrections Act, 18 U.S.C. § 5005 et seq. Dorszynski was applied retroactively in this circuit in Hoyt v. United States, 502 F.2d 562 (5th Cir. 1974), and so governs the sentencing of this appellant.

Appellant’s motion for…