Sherod William Mitchell v. United States

This appeal is taken from an order of the district court dismissing the motion of this federal prisoner to vacate sentence pursuant to 28 U.S.C. § 2255. We affirm.

Appellant contends that the sentencing judge erred in failing to make an explicit finding that he would not benefit from treatment under the Federal Youth Corrections Act, 18 U.S.C. § 5005 et seq. He cites Dorszynski v. United States, 1974, 418 U.S. 424, 94 S.Ct. 3042, 41 L.Ed.2d 855. Dorszynski is applicable only to those defendants under 22 years of age. Appellant was over 22 years of age at the time of conviction and classified…