United States v. Leonard F. Davison

Davison was sentenced in 1974 under the Youth Corrections Act, 18 U.S.C. § 5005 et seq. Congress repealed the Act in 1984. In 1986, the government moved to convert Davison’s sentence to that of an adult under section 5010(d). The court denied the government’s motion, holding that it lacked authority to change Davison’s sentence because Congress repealed the Act without a savings clause. 655 F.Supp. 1254 (D.Idaho 1987).

We affirm the court’s denial of the motion under United States v. Won Cho, 730 F.2d 1260 (9th Cir.1984) (en banc), and do not consider the effect of Congress’s repeal.

BACKGROUND

Davison was convicted of robbery, burglary, and murder. A federal jury found that he and two accomplices entered the home of an elderly woman to rob her. Once inside, they kicked and beat her to death and took her money. Because Davi-son was 17 years old when he committed the offense, he was eligible for sentencing under the Youth Corrections Act.

The sentencing judge considered Davi-son’s “background, lack of guidance and training, his amoral, asocial and calloused attitude toward life and his responsibilities to himself and society” and determined that he would not “derive maximum…