United States v. The Honorable Harry Pregerson, United States District Judge

The government seeks to mandamus the district judge, to set aside an alleged illegal sentence imposed on Robert Leo Corcoran, and to sentence the defendant in accordance with law.

FACTUAL BACKGROUND

On March 1, 1968, Corcoran was convicted in a jury trial of violation of 21 U;S.C. § 176a in connection with the transportation and concealment of approximately 150 pounds of marihuana, with full knowledge that it had been imported into the United States contrary to law. On March 26th, the court found that defendant was 21 years of age on the date of conviction and sentenced him to the custody of The Attorney General pursuant to 18 U.S.C. § 5010 (b), until discharged by the Federal Youth Corrections Division of the Board of Parole as provided for in 18 U.S.C. § 5017 (c). Corcoran’s conviction was affirmed by a panel of this court. Corcoran v. United States, 427 F.2d 16 (1970). The spreading of the mandate was continued several times in the district court. It was finally spread on February 10, 1971. At that time, the court imposed a new sentence by ordering that the defendant be confined to a jail type institution for four consecutive weekends, commencing Saturday, February 20, 1971,…