United States v. Jane Doe

Appellant was charged in No. 79-1687 with importation of marijuana and in No. 79-1689 with jumping bail and was adjudged to be a juvenile delinquent on both charges. She was sentenced to consecutive two-year terms of probation. Appellant maintains that the district court lacked jurisdiction to proceed against her as a juvenile because she was over twenty-one years of age at the time of trial in the bail jump case and at the time of the imposition of the sentences in both cases. She also contends that the imposition of consecutive terms of probation amounting to a total of four years violated the two-year maximum term established in 18 U.S.C. § 5037 (b) (1976). We reject the appellant’s jurisdictional argument and affirm the judgments. However, we find merit in appellant’s objection to a four-year probation term and reverse and remand for correction of thé sentences.

I.

FACTS

In 1976, appellant, then seventeen years old, was arrested for attempting to enter the United States while carrying marijuana and heroin in her vehicle. A four-count information was filed against her, and on March 23, 1976, appellant admitted the allegations of the count charging her with importation of…