Eleventh Circuit Court of Appeals - Published Opinions

Monday, December 08, 2014

Cruanes: Youth Offender Act required automatic set aside of prior conviction

In U.S. v. Cruanes, No. 13-15057 (Dec. 5, 2014), the Court issued a writ of mandamus ordering a district court to set aside a defendant’s conviction as of December 1, 1983. The Court noted that under the (then effective, now-repealed) Federal Youth Corrections Act, the conviction of a youth offender is “automatically set aside” when the offender is discharged by the Parole Commission or by the court. Here, Cruanes had been discharged in 1983, but the district court never issued a certificate setting aside his conviction. The Court noted that the district court erred in ruling only the Parole Commission was authorized to issue this certificate.