United States v. Donald Ray Payseur

Donald Ray Payseur appeals the district court’s order converting his sentence under the Federal Youth Corrections Act (“YCA”), 18 U.S.C. §§ 5005-5026 (repealed 1984) to an adult sentence after revoking his YCA probation. We hold that the district judge had authority to impose the adult sentence, but remand for a determination whether the three-year sentence is impermissibly longer than the YCA sentence Payseur initially received.

FACTS

On July 21, 1971, Payseur was indicted on one count of conspiracy to import marijuana in violation of 21 U.S.C. § 963 (1970), and one count of illegal importation of marijuana in violation of 21 U.S.C. § 960 (a)(1) (1970). A jury found Payseur guilty of both counts.

On December 8, 1971, the district court sentenced Payseur, who was 24 years old at the time, under the YCA. As to each count, the court ordered Payseur to serve six months of his sentence in a jail-type institution, suspended the execution of the remainder of the sentence, and placed Payseur on probation for five years, with the sentences to run concurrently. Pays-eur was also ordered to pay a fine of $2,000. This court affirmed his conviction in United States v. Payseur, 501 F.2d 966…