United States v. Nelson Cruz

J. JOSEPH SMITH, Circuit Judge:

Nelson Cruz appeals from the denial by the United States District Court for the Southern District of New York, Marvin E. Frankel, Judge, of his motion to reduce the sentence of two years’ confinement that he received under the Federal Youth Corrections Act (“the Act”), 18 U.S.C. § 5005 et seq. We find this sentence to be illegal under the Act, vacate the sentence and remand to the district court for resentencing.

I

On December 23, 1975 Cruz pleaded guilty to one count of conspiring to steal goods from an interstate shipment in violation of 18 U.S.C. §§ 371, 659.…