United States v. Loretta Bowens

The appellant, Loretta Bowens, entered a plea of guilty to the embezzlement of bank funds in an amount less than $100 in violation of 18 U.S.C. § 641 , at which time she was 18 years of age. At the same time, she was sentenced to one year probation under and pursuant to 18 U.S.C. § 5010 (a) (the Youth Corrections Act), conditioned upon restitution in full and payment of a $200 fine.

Subsequent thereto, the magistrate who sentenced appellant was advised by a probation officer that the sentence imposed was contrary to the holding in U. S. v. Mollet, (9th Cir. Sept. 5, 1973, later withdrawn) which prohibits the imposition of a fine when sentencing under 18 U.S.C. § 5010 (a).

After appellant had completed two months of her probation, the magistrate, on February 20, 1974, set aside the original sentence and re-sentenced appellant to one year probation and a fine of $200 under 18 U.S.C. § 5010 (d) of the Youth Corrections Act and 18 U.S.C. § 3651 , the adult probation section which permits a fine and probation. The magistrate stated as his reason for this latter sentence that it was his policy to exact fines from persons who had gained monetarily from illegal acts so as to…