United States v. Michael Olmo and Phillip Martinez

Michael Olmo and Phillip Martinez appeal the denial of their motion to correct their sentences of life imprisonment for first degree murder without the benefit of the Youth Corrections Act. We affirm.

In 1975 Olmo and Martinez were juveniles certified for trial as adults after indictment for first degree murder. They were convicted and sentenced to life imprisonment pursuant to 18 U.S.C. § 1111 . They appealed on issues not presented here and this court affirmed. United States v. Martinez, 536 F.2d 886 (9th Cir.), cert. denied, 429 U.S. 907 , 97 S.Ct. 273 , 50 L.Ed.2d 189 (1976).

On June 13, 1980, the district court denied a motion to correct their sentences. They contend on appeal that the district judge misunderstood the sentencing alternatives available under the Youth Corrections Act (“YCA”), 18 U.S.C. §§ 5005 et seq. We focus on the correctness vel non of a life sentence under 18 U.S.C. § 5010 and conclude that the district court did not err in sentencing Olmo and Martinez.

A district Judge is authorized under the YCA to sentence an offender: (1) to a term in custody as a youth offender to be discharged in no more than 6 years, 18 U.S.C. §§ 5010 (b), 5017(c); or (2) to a…