Donald Bernard Cunningham v. United States

HUTCHESON, Chief Judge.

This appeal presents for our determination whether, as found and declared by the district judge, the Federal Youth Corrections Act, 18 U.S.C. §§ 5005-5020, is constitutional and the commitment entered under it in this case is valid as against appellant’s attack upon the Act as unconstitutional as applied here to a conviction for a misdemeanor carrying a maximum punishment of one year.

The question comes up in this way: On Oct. 24, 1956, appellant was convicted on his plea of guilty to an information charging violation of Sec. 661, 18 U.S. C.A., the theft on a government…