Melvin Eugene Jenkins v. The United States of America

WINTER, Circuit Judge:

Melvin Eugene Jenkins moved to vacate his sentence under 28 U.S.C. § 2255 on the ground that it was improper because the district court had not entered an express “no-benefit” finding as required for certain criminal defendants by the Youth Corrections Act. Dorszynski v. United States, 418 U.S. 424, 94 S.Ct. 3042, 41 L.Ed.2d 855 (1974). The district court denied the motion on the ground that although Jenkins was twenty-one years old on the date of his conviction, he was twenty-two years old at the time sentence was imposed. Jenkins appealed.

Jenkins’ argument is that his…