United States v. Helen Mae Lane, United States of America v. Honorable Fred Kunzel

The United States here questions the action of the district court in granting probation to a minor female convicted of the illegal importation of heroin in violation of section 105 of the Narcotic Drugs Import and Export Act of 1956, 21 U.S.C.A. § 174 . The government contends power to grant probation upon such conviction is denied by section 103(d) of this act, 26 U.S.C.A. § 7237 (d). .Section 7237(d) provides that as to all persons convicted of offenses specified therein “the imposition or execution of sentence shall not be suspended, probation shall’ not be granted * * Appellee and respondent contend, however, that the granting of probation in this case is authorized by section 2(a) of the Federal Youth Corrections Act, enacted in 1950, 18 U.S.C.A. § 5010 (a).

The relevant facts are not in dispute. On March 2, 1960, Helen Mae Lane, then nineteen years of age, was convicted upon her plea of guilty of the illegal importation of heroin in violation of section 174. Having adjudged her a youth offender, the district judge suspended the imposition of sentence and placed her on probation for a period of three years, pursuant to section 5010(a). On March 8,1960, proceeding under rule…