United States v. Bruce L. Amidon

Bruce L. Amidon appeals the district court’s denial of his motion to dismiss an order to show cause why his probation should not be revoked. He based his motion on the asserted illegality of his sentence under the Youth Corrections Act (YCA), 18 U.S.C. § 5010 (b). We reverse.

Amidon pled guilty on March 12, 1979 to a misdemeanor information charging two counts of mutilating national bank obligations in violation of 18 U.S.C. § 333 . After the court accepted his plea, it dismissed an underlying felony indictment charging two counts of connecting parts of different federal reserve notes in violation of 18 U.S.C. § 472 . The court earlier had twice refused to accept Amidon’s plea because he would not waive indictment on the misdemeanor counts. Amidon believed that without such an indictment the court could not sentence him under the YCA. Amidon’s wish to avoid sentencing under the YCA is understandable, since under § 5017(c) and (d) of the Act, he could be sentenced for up to six years. 18 U.S.C. § 5017 (c), (d).

On April 17, 1979, the district court did sentence Amidon, over his objection, to study under the YCA, § 5010(e), and on September 17, it sentenced him to probation under…