United States v. Waters, Crim. No. 322-68.
Decision Date | 18 February 1971 |
Docket Number | Crim. No. 322-68. |
Citation | 324 F. Supp. 1056 |
Parties | The UNITED STATES of America v. Tyrone P. WATERS. |
Court | U.S. District Court — District of Columbia |
Brian W. Shaughnessy, Asst. U. S. Atty., Washington, D. C., for the Government.
This matter comes before the Court on a remand for resentencing by the United States Court of Appeals for the District of Columbia.1
On April 25, 1969, this Court originally sentenced this defendant, who was at the time of his conviction both a youth offender under 18 U.S.C. §§ 5001-5026 ( ), and "guilty of an offense punishable by imprisonment under other applicable provisions of law."2 While these two requirements of eligibility for sentencing under the Federal Youth Corrections Act were thus met, the Court sentenced the defendant pursuant to the adult statutes governing the offenses for which he was convicted: to a period of from 4 to 12 years on each of three counts of robbery, to run concurrently; to a period of 3 to 9 years on each of three counts of assault with a dangerous weapon, to run concurrently with each other and also to run concurrently with the robbery counts. This Court further recommended that "serious consideration be given by the prison authorities that this defendant be confined in a youth institution."3
At the outset, this Court wishes to make one point clear. By recommending confinement of the defendant in a youth institution, this Court did not intend to make an implicit finding that this defendant would benefit from commitment under the Youth Corrections Act.4 On the contrary, it was the opinion of this Court on April 29, 1969, and it is still the opinion of this Court, that defendant will not benefit from commitment under the Youth Corrections Act.
The Opinion of the Circuit Court states that under 5010(d) "the court must affirmatively find that the youth offender will not benefit from rehabilitative treatment before the offender can be sentenced as an adult pursuant to the statute governing the offense for which he was convicted."5
In order to dispel the apparent confusion caused by the sentences imposed and the recommendation of this Court at the original sentencing of the defendant, this Court affirmatively finds, after serious consideration,6 that the defendant Tyrone P. Waters will not derive benefit from treatment under 5010(b) or 5010(c) of the Federal Youth Corrections Act.7 This finding is based on an analysis of all data made available for this Court's inspection.8
Prior to sentencing on April 25, 1969, this Court, as is its custom, studied the presentence report9 and such other information10 as this Court deemed requisite to an arrival at the appropriate individualized sentence.
In this particular case, with its particular facts, this Court now commits the defendant Tyrone P. Waters to the custody of The Attorney General, or his designated representative, for confinement in an institution of his designation, on the robbery counts 1, 3 and 5, for a period of from 2 to 6 years to run concurrently; and on counts 2, 4, and 5, assault with a dangerous weapon, for a period of from 2 to 6 years, to run concurrently, and to run concurrently with the sentences imposed on counts 1, 3 and 5; and also to run concurrently with any other sentence now being served.
This Court is cognizant of the Congressional scheme as concerns youth offenders, and is, therefore, appreciative of the difficulties begotten by the incorrect combination of an adult sentence and a recommendation as to a youth institution, which, legally if not logically, precluded the required affirmative finding that the defendant would not benefit from treatment under 5010(b) or (c). However, the Court wishes to express its deep concern over another aspect of the Circuit's opinion in this case.
The 5010(e) report, then, while of obvious importance due to the presumed particular expertise of those who compose it, is not to be the sole consideration12 of the trial judge before he performs his awesome duty13 through pronouncement of sentence. The presentence report also holds a prominent place in this decision making process.14 And the court ultimately must determine the appropriate individualized sentence not by a mere quantitative accounting process15, but by a careful qualitative analysis of all data presented to it.
It is significant to note that throughout the Opinion the Appellate Court repeatedly refers to the discretion of the trial judge:
Of course this discretion is "circumscribed by the findings of fact in the individual case which the District Judge is required to make either explicitly or implicitly."16 Nonetheless such frequent mention of this awful discretion remains heartening to the trial judge.
That protection of the community is also an avowed purpose of the Act17 was articulated by the Congress at its inception18 and recognized much more recently by this Circuit.19
Insofar as the Federal Youth Corrections Act provided procedures that marked a fundamental reorientation toward the problem of the youth offender, it is a vanguard project20 filled with all the hopes and fraught with all the pitfalls of such enterprises. Such an enlightened program as presented by this Act would indeed be threatened, as this Court believes the appellate court recognizes, from within and consequently from without by absorption into its workings of all those who are strictly eligible for sentencing under the Youth Corrections Act by merely meeting the 5010(b) requirements. Judicial disregard for both the nature of the offense as well as the number of commissions21 would at once pervert the pronounced legislative intent of the Act and imperil the community for whose protection such legislation was also enacted.22 The dual ends sought to be achieved by this noble effort would thus be stymied.
APPENDIX
This section includes all data upon which this Court made its decision in this case, as well as certain material acquired after April 25, 1969, which is included to amplify the record in this particular case.i
2 These two facts are requisite findings permitting sentencing for rehabilitative treatment under subsections (b) or (c) of Sec. 5010. See Rogers v. United States, 326 F.2d 56 (10th Cir. 1963).
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