United States v. Anthony Lowery, 484 F.2d 457 (3rd Cir. 1973). · Go Syfert
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United States v. Anthony Lowery, 484 F.2d 457 (3rd Cir. 1973). Cases Citing This Book View Copy Cite
5 citation events across 4 distinct courts.
Strongest positive: United States v. Donald Warren Hudson (ca8, 1982-01-12)
Top citers, strongest first. 3 distinct citers. How cited ↗
discussed Cited as authority (rule) United States v. Donald Warren Hudson
8th Cir. · 1982 · confidence medium
It is of little doubt that “[w]here YCA offenders are not given special treatment in accordance with the law but instead have the same terms and conditions of confinement as other offenders, the imposition of a sentence which tends to be longer on youth offenders raises a potential stumbling block of constitutional dimension.” Watts v. Hadden, 651 F.2d 1354, 1365 (10th Cir. 1981); United States v. Town, 537 F.2d 661, 664 (2d Cir. 1976); United States v. Lowery, 484 F.2d 457, 458 (3d Cir. 1973).
discussed Cited as authority (rule) Johnson v. Bell
E.D. Mich. · 1980 · confidence medium
As was said in U. S. v. Lowery, 484 F.2d 457, 458 (3rd Cir. 1973): “Despite this affirmance, we are seriously troubled by appellant’s allegation that he is not receiving treatment as a youth offender as required by 18 U.S.C. § 5011 .
discussed Cited as authority (rule) United States of America Ex Rel. Conrad A. Dancy v. Floyd E. Arnold, Warden United States Penitentiary Lewisburg, Pennsylvania
3rd Cir. · 1978 · confidence medium
This court has said that if a youth offender does not receive the treatment required by § 5011 “and if the circumstances of [his] confinement are no different than those of adult offenders, then we have no doubt that some kind of relief is appropriate.” United States v. Lowery, 484 F.2d 457, 458 (3d Cir. 1973) (per curiam).
Retrieving the full opinion text from the archive…
UNITED STATES of America, Appellee,
v.
Anthony LOWERY, Appellant
72-1597.
Court of Appeals for the Third Circuit.
Sep 13, 1973.
484 F.2d 457
Gilbert J. Helwig, Reed, Smith, Shaw & McClay, Pittsburgh, Pa., for appellant., Richard L. Thornburgh, U. S. Atty., Samuel J. Orr, III, Kathleen Kelly Cur-tin, Asst. U. S. Attys., Pittsburgh, Pa., for appellee.
Gibbons, Hunter, Weis.
Cited by 4 opinions  |  Published
PER CURIAM:

After considering the contentions raised by appellant (1) that the district court abused its discretion in denying appellant’s motion for reconsideration of his modified sentence and (2) that the modified sentence was illegally imposed since the court failed to make an express finding that appellant would not derive maximum benefit from sentencing under 18 U.S.C. § 5010(b), we find these arguments to be without merit and affirm the district court decision.

Despite this affirmance, we are seriously troubled by appellant’s allegation that he is not receiving treatment as a youth offender as required by 18 U.S.C. § 5011. If this is true, and if the circumstances of appellant’s confinement are no different than those of adult offenders, then we have no doubt that some kind of relief is appropriate. As Mr. Chief Justice Burger has stated, “the basic theory of [the Youth Correction Act] is rehabilitative and in a sense this rehabilitation may be regarded as comprising the quid pro quo for a longer confinement but under different conditions and terms than a defendant would undergo in an ordinary prison.” Carter v. United States, 113 U.S.App.D.C. 123, 306 F.2d 283, 285 (1962). See Harvin v. United States, 144 U.S.App.D.C. 199, 445 F.2d 675, 678-682 (1971) (en banc); United States v. Howard, 146 U.S.App.D.C. 10, 449 F.2d 1086, 1092-1093 (1971) (citing Harvin). See generally United States v. Alsbrook, 336 F. Supp. 973 (D.C.1971); United States v. Lowery, 335 F.Supp. 519 (D.C.1971). Consequently, we remand this ease and order that a hearing be held to determine whether appellant is receiving treatment as mandated by 18 U.S.C. § 5011.

The order of the district court will be affirmed and the case will be remanded for further proceedings in accordance with the instructions in this opinion.