United States v. Edwin Mendez

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF No. 21-50086

AMERICA,

Plaintiff-Appellee, D.C. Nos. 2:19-cr-00117-ODW-16 v. 2:19-cr-00117-ODW

EDWIN ISAAC MENDEZ,

AKA Carabina, AKA OPINION Chino, Defendant-Appellant.

Appeal from the United States District Court for the Central District of California Otis D. Wright II, District Judge, Presiding

Argued and Submitted February 8, 2022 Pasadena, California

Filed March 24, 2022

Before: Mary M. Schroeder, Richard C. Tallman, and Eric D. Miller, Circuit Judges.

Opinion by Judge Tallman SUMMARY *

Criminal Law

Affirming the district court’s denial of a motion to dismiss a Second Superseding Indictment (SSI) charging Edwin Mendez with racketeering conspiracy under 18 U.S.C. § 1962(d), the panel held that the Juvenile Delinquency Act (JDA) does not preclude the government from prosecuting a person as an adult for a continuing conspiracy that includes both pre- and post-majority conduct after the court dismisses a JDA information charging that person with conspiracy based solely on pre-majority…