United States v. Byron Lee Barton

The sole issue in Barton’s appeal from his conviction for possessing and transferring a firearm in violation of 26 U.S.C. §§ 5861 (d), 5871, and 18 U.S.C. § 2 , is that the district court erroneously believed that it did not have the power to sentence Barton as a youthful offender because his conviction was after the date of his 26th birthday.

Barton, along with his then co-defendants, was indicted on January 18, 1977. He was arraigned on January 27, 1977, and trial was set for the week of April 11, 1977. His 26th birthday was April 12, 1977. Barton’s lawyer moved to advance the trial date and thereafter obtained the co-defendants’ consent to try the ease during the week of April 4, 1977, for the specific purpose of giving him the benefit of sentencing as a youthful offender in the event that he was convicted. The Government was also willing to try the case during the week of April 4, or earlier.

The district court declined to advance the trial date on March 1, 1977, due to the court’s crowded trial calendar. The first day available for trial at that time was not April 11, but July, 1977.

The district court imposed sentence on August 5, 1977. The court rejected appellant’s…