United States v. Juvenile Male

Good Law
91 Daily Journal DAR 4164·930 F.2d 727·1991 WL 51331·1991 U.S. App. LEXIS 5868·91 Cal. Daily Op. Serv. 2551
United States Court of Appeals for the Ninth CircuitApril 11, 199190-30259California807 words

Opinion

Opinion

Farris, J.

Juvenile Male appeals the district court’s judgment of juvenile delinquency pursuant to 18 U.S.C. §§ 5031-5042 based upon the finding that he committed an assault resulting in serious bodily injury in violation of 18 U.S.C. § 113 (f). We affirm.

JURISDICTION

The district court had jurisdiction pursuant to 18 U.S.C. § 1153 . We have jurisdiction pursuant to 28 U.S.C. § 1291 .

ISSUE

Whether the district court erred in determining that the juvenile committed an assault resulting in serious bodily injury in violation of 18 U.S.C. § 113 (f).

STANDARD OF REVIEW

The facts are undisputed and the issue is one of statutory interpretation. Therefore, we review the district court’s determination de novo. See United States v. Fitzgerald, 882 F.2d 397, 398 (9th Cir.1989).

FACTS

On the night of July 21, 1989, the juvenile attended a party with a large group of teenagers. Three of the teenagers robbed him when he left the party. The juvenile returned home, took his father’s rifle and one shell and positioned himself along a path he believed his assailants and the rest of his drinking companions would use. The juvenile crouched in the weeds along the path with the rifle. The night was dark…

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