United States v. Robert C.

MEMORANDUM

Brandon S., a juvenile, appeals the district court’s adjudication of juvenile delinquency following his admission to the commission of aggravated sexual abuse of a minor, in violation of 18 U.S.C. §§ 1153 (a) and 2241(a)(1), (2). We have jurisdiction pursuant to 28 U.S .C. § 1291, and we vacate and remand.

Brandon S. contends, and the government concedes, 3 that the district court failed to comply with the requirements of Fed.R.Crim.P. 11(c) during his admission colloquy, by neglecting to inform him that if he proceeded to a hearing on the delinquency allegation, he would have the rights to assistance of counsel and to confront and cross-examine witnesses, and the privilege against compelled self-incrimination. 4 See Fed.R.Crim.P. 11(c)(3); United States v. Youpee, 419 F.2d 1340, 1344 (9th Cir.1969) (applying Rule 11 to an admission proceeding under the Federal Juvenile Delinquency Act); see also United States v. Hayes, 590 F.2d 309, 311 (9th Cir.1979) (concluding that the tendered admission to a delinquency information is analogous to the offer of a guilty plea in a criminal prosecution).

Because the Supreme Court has recognized that juveniles have a…