United States v. Lionel Gregory Bell

The Government appeals from an order denying its motion for correction of illegal sentence.

Lionel Bell was convicted on a two count indictment. Count I was for violating 18 U.S.C. § 371 (conspiring to defraud the United States). Count II was for violating 18 U.S.C. § 287 (making a false claim against the United States). Both crimes carry a maximum allowable sentence of five years. The district court sentenced defendant under the Youth Corrections Act, 18 U.S.C. §§ 5005-5026 (YCA). On Count I, defendant was committed to “treatment and supervision for a period of TWO (2) YEARS ... pursuant to the provisions of the Youth Corrections Act until discharged by the United States Parole Commission as provided in that Act.” On the second count, defendant was placed on probation for a period of five years. The Government challenges the sentence on Count I, con tending that the court may not fix a maximum period of two years for the offense under the Youth Act. Finding merit in the Government’s argument, we vacate the sentence on Count I.

The YCA provides three sentencing options to the district court: (1) probation, under § 5010(a); (2) an indeterminate period of confinement with a…