Opinion

United States v. Anthony A. Riley

  • 481 F.2d 1127
  • 157 U.S. App. D.C. 27
  • 1973 U.S. App. LEXIS 8991
Court
Court of Appeals for the D.C. Circuit
Filed
Jul 3, 1973
Status
Published
Author
Wright
On the bench
Bazelon, Wright, MacKinnon
Cited by
6 cases
Authority
More cited than 25.0%

The opinion

WRIGHT, Circuit Judge

(concurring) :

In United States v. Reed and Hoston, 155 U.S.App.D.C. 198 , 476 F.2d 1145 (1973), this court en banc articulated the appellate test for the sufficiency of the reasons given for denying Youth Corrections Act treatment. The court stated that “[a]n appellate court can only be concerned with the rationality of those [reasons] in relation to the Congressional objectives. Where that rationality is present and visible, its function is at an end.” 155 U.S.App.D.C. at 203 , 476 F.2d at 1150 . Here the decision of the District Court 1 and the recommendation in the Section 5010(e) report were significantly influenced by. the overcrowding at the Lorton YCA facility. Overcrowding at the Lorton YCA facility is an irrational reason for not imposing a YCA sentence, particularly since other YCA facilities available to the Attorney Gen *1133 eral are hardly more than half populated. 2 In any event, now that the overcrowding at the Lorton facility is apparently ended, I agree that this case should be remanded for reconsideration of the sentence in the light of a current Section 5010(e) report.

. On May 5, 1973, we remanded this case “to afford the District Court an opportunity to reconsider its sentence, if it is so disposed,” noting the overcrowded condition of the Lorton YCA facility and the fact that “[w]e are now advised by Government counsel that an expanded youth facility serving the District of Columbia will shortly become available, and that this information was not before the District Court at the time sentence was imposed.” On remand the sentencing judge refused to amend the sentence, stating, inter alia, “that additional facilities at the Lorton Youth Center will not be available for several months at the earliest.”

. See note 18 in Judge Bazelon’s opinion. At the time of the sentence and the remand in this case, District of Columbia Code YCA offenders, because of overcrowded conditions at the Lorton YCA facility, were being sent to federal YCA facilities in other areas pursuant to an agreement between the Federal Bureau of Prisons and the District Court.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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