RESPONDENT: United States
LOCATION: Channel Islands National Park
DOCKET NO.: 76-5935
DECIDED BY: Burger Court (1975-1981)
LOWER COURT: United States Court of Appeals for the Fourth Circuit
CITATION: 434 US 542 (1978)
ARGUED: Dec 05, 1977
DECIDED: Feb 22, 1978
Michael S. Frisch - for petitioners, pro hac vice, by special leave of Court
Wade H. McCree, Jr. - for respondent
Ward H. McCree -
Facts of the case
Media for Durst v. United StatesAudio Transcription for Oral Argument - December 05, 1977 in Durst v. United States
Audio Transcription for Opinion Announcement - February 22, 1978 in Durst v. United States
William J. Brennan, Jr.:
The other case 76-5935 Durst V. United States.
In this case the Court of Appeals for the First Circuit, in conflict with decisions of other Courts of Appeals held that a sentencing judge replaces a youth offender on probation under section 5010 A of the Youth Corrections Act.
They impose a fine and order restitution, as conditions of probation.
Here again, we granted certiorari to resolve the conflict and we agree with the Court of Appeals for the Fourth Circuit and affirm it's judgment.
Mr. Justice Blackmun took no part in consideration or decision of the case.
Warren E. Burger:
Thank you Mr. Justice Brennan.