concurring:
I adhere to the view, expressed in my dissent when this case was here before (United States v. Howard, 146 U.S.App.D.C. 10, 20, 449 F.2d 1086, 1096 (1971)) that the Youth Corrections Act does not apply to a defendant convicted of first degree murder in the District of Columbia.
The district judge fully complied with our previous order of remand which directed him only “to consider the possibility of sentencing under the Youth Corrections Act”. He did consider that possibility and properly rejected it.
The present remand seems to be an exercise in formality, but I suppose it can do no harm. Accordingly I concur.