United States v. James S. Campbell, 724 F.2d 812 (9th Cir. 1984). · Go Syfert
United States v. James S. Campbell, 724 F.2d 812 (9th Cir. 1984). Cases Citing This Book View Copy Cite
35 citation events (21 in the last 25 years) across 8 distinct courts.
Strongest positive: United States v. Hovsepian (ca9, 2002-09-30)
Treatment trajectory · 1984 → 2026 · click a year to view as-of
1984 2005 2026
Top citers, strongest first. 8 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) United States v. Hovsepian (3×) also: Cited as authority (rule)
9th Cir. · 2002 · quote attribution · 1 verbatim quote · confidence high
judges have broad discretion to consider a wide range of information in determining an appropriate sentence.... we believe such information may include a prior conviction pursuant to the fyca.
examined Cited as authority (verbatim quote) United States v. Viken Hovsepian Viken Yacoubian, Viken Hovsepian v. United States of America United States Immigration and Naturalization Service, Viken Hovsepian Viken Yacoubian v. United States of America United States Immigration and Naturalization Service (3×) also: Cited as authority (rule)
9th Cir. · 2002 · quote attribution · 1 verbatim quote · confidence high
judges have broad discretion to consider a wide range of information in determining an appropriate sentence.... we believe such information may include a prior conviction pursuant to the fyca.
discussed Cited as authority (rule) Dare v. United States Parole Commission
3rd Cir. · 2007 · confidence medium
An expungement, if it occurred, would not affect the nonpublic record maintained by the Department of Justice, see United States v. Campbell, 724 F.2d 812, 813 (9th Cir.1984) (trial court could consider prior Youth Corrections Act drug conviction in imposing sentence for subsequent offense), 2 and courts *146 have consistently recognized the Commission’s authority to use information concerning dismissed charges, see, e.g., Maddox v. U.S. Parole Commission, 821 F.2d 997 (5th Cir.1987).
examined Cited as authority (rule) United States v. Sammy Dewayne Kammerdiener (3×)
9th Cir. · 1991 · confidence medium
United States v. Campbell, 724 F.2d 812, 812 (9th Cir.1984).
cited Cited as authority (rule) United States v. Joseph Givens, Jr.
9th Cir. · 1985 · confidence medium
United States v. Tucker, 404 U.S. 443, 446 , 92 S.Ct. 589, 591 , 30 L.Ed.2d 592 (1972); United States v. Campbell, 724 F.2d 812, 812 (9th Cir. 1984).
cited Cited "see" United States v. Richard A. Gardner
7th Cir. · 1988 · signal: see · confidence high
See United States v. Campbell, 724 F.2d 812, 812-13 (9th Cir.1984).
discussed Cited "see, e.g." United States v. Hovsepian
9th Cir. · 2004 · signal: see, e.g. · confidence low
See, e.g., United States v, Campbell, 724 F.2d 812 (9th Cir.1984) (holding that a set-aside conviction could be considered when sentencing a FYCA offender for a later crime and noting that FYCA set-aside does not affect nonpublic records kept by the Department of Justice); Fite v. Retail Credit Co., 537 F.2d 384 (9th Cir.1976) (upholding a refusal to enjoin a credit agency's dissemination of the facts of a defendant’s set-aside FYCA conviction because a set-aside conviction under FYCA does not disappear); see also United States v. Kammerdiener, 945 F.2d 300 (9th Cir.1991) (holding that, unde…
cited Cited "see, e.g." State v. Stackhouse
N.J. Super. Ct. App. Div. · 1984 · signal: see also · confidence low
See also United States v. Campbell, 724 F. 2d 812 (9th Cir.1984); United States v. Klusman, 607 F. 2d 1331, 1334 (10th Cir.1979); People v. Baker, 120 Mich. App. 89 , 327 N.W. 2d 403 (1982).
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff/Appellee,
v.
James S. CAMPBELL, Defendant/Appellant
83-3037.
Court of Appeals for the Ninth Circuit.
May 8, 1984.
724 F.2d 812
Thomas M. Coffin, Asst. U.S. Atty., Eugene, Or., for plaintiff/appellee., James C. Jagger, Jagger & Holland, Eugene, Or., for defendant/appellee.
Boochever, Wright, Canby, Boo-Chever.
Cited by 16 opinions  |  Published
1 passages pin-cited by 2 cases
Pinpoint authority: #37,135 of 633,719
Citer courts: Ninth Circuit (2)
BOOCHEVER, Circuit Judge:

This is an appeal from a conviction for using a telephone to facilitate a conspiracy to distribute marijuana in violation of 21 U.S.C. § 843(b). It presents the novel question of whether a sentencing court may properly consider a prior drug conviction under the Federal Youth Corrections Act (FYCA), 18 U.S.C. § 5005 et seq. Campbell contends that the parole and probation department’s reference in its presentence report to his prior FYCA conviction was improper. We do not agree.

Judges have broad discretion to consider a wide range of information in determining an appropriate sentence. United States v. Tucker, 404 U.S. 443, 446, 92 S.Ct. 589, 591, 30 L.Ed.2d 592 (1972); United States v. Williams, 668 F.2d 1064, 1072 (9th Cir.1981). We believe such information may include a prior conviction pursuant to the FYCA. In urging us to adopt a contrary position, Campbell relies on United States v. Fryer, 545 F.2d 11 (6th Cir.1976). This reliance is misplaced. The Fryer court held only that a prior FYCA conviction could not be used as the basis for a conviction pursuant to the firearms statute, 18 U.S.C. § 922(a)(6), which requires as an essential element of the offense a prior felony conviction. Id. at 13-14.

Although section 5021 provides for setting aside FYCA convictions, the ex-pungement does not affect the nonpublic record retained by the Department of Justice. Doe v. Webster, 606 F.2d 1226, 1237 n. 47 (D.C.Cir.1979). In its exhaustive review of the legislative history of section 5021, the Doe court noted that Congress’ clear intent was to prevent public dissemination, and particularly dissemination to prospective employers, of an FYCA conviction. Id. at 1234-1240. Nothing in that section suggests that the record may not be retained for later use by another court.[*813] 18 U.S.C. § 5038 specifically permits the release of the sealed record of a Federal Juvenile Delinquency Act (FJDA) proceeding, whether or not there is a conviction, to “another court of law,” and to “an agency preparing a presentence report for another court.” If a sealed record of a proceeding involving a person under the age of 18 may be used by another court, certainly an expunged record of an FYCA conviction applicable to a person under the age of 22 may be so used. 18 U.S.C. § 5006(d). The district court’s judgment of conviction is

AFFIRMED. [1]

1

. We have disposed of the other issues raised by Campbell on this appeal by a separate memorandum decision because they do not meet the standards set by Rule 21 of the Rules of this court for disposition by published opinion.