Maurice Jackson v. United StatesMaurice Jackson v. United States
Appellant, a federal prisoner, was convicted by a jury of bank robbery. 1 He was sentenced to a term of 18 years on December 20, 1972, at which time he was under the age of 22 years. The sentencing court did not make an express finding that Jackson would not derive benefit from treatment under the provisions of the Youth Corrections Act, 18 U.S.C. § 5005 et seq. By way of this proceeding under 28 U.S.C. § 2255, Jackson challenges the procedure by which he was sentenced. Specifically, he contends that the sentencing court erred in failing to make an express finding that he would not benefit from treatment under the Act as required by 18 U.S.C. § 5010(d).
In the § 2255 proceedings, the district court acknowledged that an express “no benefit” finding was not made at sentencing. However, the district court stated that at the time of sentencing it was fully aware of the Act and the eligibility of appellant for treatment there-, under. It was the sentencing court’s decision and implicit finding that Jackson would not benefit from treatment under the provisions of the Act.
Without question, a district court is now required by § 5010(d) to make an express finding on the record that a youth offender will not benefit from treatment under the Act before sentencing him as an adult. Dorszynski v. United States,
The purpose of
Dorszynski
is to make it clear on the record that the sentencing judge considered the sentencing alternatives available to him under the- Act. The facts of this case clearly indicate
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that alternative methods exist by which it can be shown that the sentencing court was aware of sentencing options. Accordingly, retroactivity cannot be regarded as essential to achieve the objective of the new rule. Neither do the second or third criteria dictate retroactive application.
Dorszynski
changed what had been the rule in the majority of the Circuits which had passed on the question of findings required by the Act. Owens v. United States,
In
Dorszynski,
the Supreme Court created no new right, but established procedural safeguards to protect the rights of a defendant under the Act, already in existence prior to the Court’s decision. We believe that this case is closely parallel to the situation which confronted the Supreme Court in Halliday v. United States,
Further, in the § 2255 proceedings, the district court clarified the record by stating that at the time of appellant’s sentencing, the “sentencing judge” was aware of both the Act and Jackson’s eligibility for treatment thereunder, but decided that he would not benefit from treatment under the Act. This in our view, is all that Dorszynski requires.
“Once it is made clear that the sentencing judge has considered the option of treatment under the Act and rejected it, . no appellate review is warranted.” Dorszynski v. United States, supra,94 S.Ct. at p. 3053 .
Upon docketing in this court, the parties were notified that we were considering summarily affirming the decision of the district court and of their right to file memoranda in support of their respective positions. However, neither party elected to do so. Nevertheless, after a careful and thorough review of the files and records in this case, we are convinced that the district court properly denied relief.
Affirmed.
Notes
. His conviction and sentence were affirmed on direct appeal, United States v. Jackson, unpublished 73-1214 (10th Cir. 1973).