United States v. Rebecca Ann Smith, United States of America v. Clifford Rickard Arthur

645 F.2d 747 UNITED STATES of America, Plaintiff-Appellee, v. Rebecca Ann SMITH, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Clifford Rickard ARTHUR, Defendant-Appellant. Nos. 80-1381, 80-1479. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 6, 1980. Decided May 18, 1981. Mark E. Griffin, Asst. Federal Public Defender, Hillsboro, Or., for defendant-appellant. Charles Turner, William Youngman, Asst. U. S. Attys., Portland, Or., for plaintiff-appellee. Appeal from the United States District Court for the District of Oregon. Before HUG and REINHARDT, Circuit Judges, and SMITH * , District Judge. PER CURIAM: 1 Appellants challenge the legality of a split sentence under the Youth Corrections Act, 18 U.S.C. §§ 5005-26 . This court has recently held that such sentences are lawful. United States v. Roberts, 638 F.2d 134 (9th Cir. 1981). We are bound by that decision. 2 AFFIRMED. 3 REINHARDT, Circuit Judge, specially concurring: 4 Appellants are youthful offenders who were placed on probation under the Youth Corrections Act and were given split sentences, including periods of confinement of less than six months as conditions of…

specially concurring:

Appellants are youthful offenders who were placed on probation under the Youth Corrections Act and were given split sentences, including periods of confinement of less than six months as conditions of probation. Rebecca Ann Smith was ordered confined for a period of forty-five days in a jail-type setting, and Clifford Rickard Arthur was ordered confined for a period of thirty days in a jail-type institution. Although we are bound by United States v. Roberts to affirm the order, I would reach a different result if we were free to do so.

One of the primary purposes of the Youth Corrections Act is to separate youthful offenders from adult criminals and to assure that they are placed in separate institutions. 18 U.S.C. § 5011 ; Durst v. United States, 434 U.S. 542, 545-46 , 98 S.Ct. 849, 851 , 55 L.Ed.2d 14 (1978). Youths found suitable for handling under the Act are to be committed to the custody of the Attorney General for “treatment and supervision” when confinement is deemed necessary.

The Youth Corrections Act was enacted in 1950, Pub.L.No. 81-865, 64 Stat. 1085 (1950), and incorporated the provisions of the general probation statute, 18 U.S.C. § 3651 .…

Appellants challenge the legality of a split sentence under the Youth Corrections Act, 18 U.S.C. §§ 5005-26 . This court has recently held that such sentences are lawful. United States v. Roberts, 638 F.2d 134 (9th Cir. 1981). We are bound by that decision.

AFFIRMED.