United States v. Honorable James M. Carter

In this mandamus proceeding the United States seeks to vacate district court orders suspending the imposition of sentence and granting probation in three narcotics cases.

The Government contends that the suspension of the imposition of sentences and the granting of probation in these cases is forbidden by 26 U.S.C.A. § 7237 (d). Respondent contends that mandamus is not an available remedy, but that, if it is, such relief should nevertheless be denied as an exercise of sound discretion. Respondent further asserts that the suspension of the imposition of sentences and the granting of probation in these cases is authorized by the Federal Youth Corrections Act, 18 U.S.C.A. § 5010 (a).

On June 16, 1958, two eighteen-year-old boys were convicted on pleas of guilty of the crime of smuggling marijuana, in violation of 21 U.S.C.A. § 176a. In judgments entered on that day, each of them was adjudged to be a “youth offender.” In each judgment the imposition of sentence was suspended and the defendant was placed on probation for a period of five years.

Sometime prior to March 30, 1959, the date not being disclosed in the record before us, the Government moved, under Rule 35, Federal Rules…