United States v. Ricky Ricardo Brown

DUMBAULD, District Judge,

concurring:

I join in remanding for resentencing because that will not result in undue expenditure of judicial time and the record on paper is not clear. Technically I think the majority is correct in its interpretation of the sentencing judge’s language, but I am not absolutely certain that what the sentencing judge said did not mean merely that he regarded the heinous circumstances of the offense as evidence of such hardness of heart and depravity of character that the particular defendant would not benefit by the lenient treatment afforded by the Youth Correction Act and intended (like juvenile court procedure, though including a more extensive age bracket) for reclaiming and rehabilitating youthful offenders before their character and habits have already hardened into chronic antisocial behavior. The magnitude and enormity of the offense is an appropriate item for consideration. U.S. v. Miller, 589 F.2d 1117, 1139 (1st Cir.1978). See also U.S. v. Nehas, 368 F.Supp. 435, 440-42 (W.D.Pa.1973).