Daniel Lee Sappington v. United States , 518 F.2d 28 ( 1975 )

PER CURIAM.

Daniel Sappington, in this post-conviction proceeding, seeks to vacate his sentence for failure of the sentencing judge to make an explicit finding that he would not have benefited from treatment under the Federal Youth Corrections Act, 18 U.S.C. § 5005 et seq. The petitioner, who was twenty-one years old at the time of conviction and sentence, was sentenced as an adult. The District Court denied relief stating that the “no benefit” finding was implicit in the imposition of the adult sentence.

The Federal Youth Corrections Act requires an explicit “no benefit” finding. Dorszynski v. United States, 418 U.S. 424, 94 S.Ct. 3042, 41 L.Ed.2d 855 (1974). Accordingly, the order of the District Court is reversed with directions that the petitioner’s sentence be vacated and his sentence reconsidered. See United States v. Flebotte, 503 F.2d 1057 (4th Cir. 1974); Belgarde v. United States, 503 F.2d 1054 (9th Cir. 1974); Hoyt v. United States, 502 F.2d 562 (5th Cir. 1974).

Reversed and remanded for resentencing.