11 At the time of the burning, the agents knew only that Geiss and his three companions had burned small white cards. They later discovered that the card Geiss burned was his registration certificate, and the undisputed assumption is that the same is true of his companions.
22 He was sentenced under the Youth Corrections Act, 18 U. S. C. § 5010 (b), to the custody of the Attorney General for a maximum period of six years for supervision and treatment.
33 The issue of the constitutionality of the 1965 Amendment was raised by counsel representing Geiss in a pretrial motion to dismiss the indictment. At trial and upon sentencing, Geiss chose to represent himself. He was represented by counsel on his appeal to the Court of Appeals.
55 The portion of 32 CFR relevant to the instant case was revised as of January 1, 1967. Citations in this opinion are to the 1962 edition which was in effect when Geiss committed the crime, and when Congress enacted the 1965 Amendment.
66 The Court of Appeals nevertheless remanded the case to the District Court to vacate the sentence and resentence Geiss. In the court's view, the district judge might have considered the violation of the 1965 Amendment as an aggravating circumstance in imposing sentence. The Court of Appeals subsequently denied Geiss's petition for a rehearing, in which he argued that he had not been charged, tried, or convicted for nonpossession, and that nonpossession was not a lesser included offense of mutilation or destruction. Geiss v. United States, 376 F.2d 538, 542 (C. A. 1st Cir. 1967).
77 United States v. Miller, 367 F.2d 72 (C. A. 2d Cir. 1966), cert. denied,