C.P.
United States v. C.P.
Opinion
Lead Opinion
MEMORANDUM *
C.P. challenges his adjudication of juvenile delinquency under the Federal Juvenile Delinquency Act, 18 U.S.C. § 5031 , et seq. (“FJDA”), on jurisdictional and constitutional grounds.
C.P.’s jurisdictional arguments relating to certification and whether he committed a “violation of a law of the United States” are squarely foreclosed by our decision in United States v. Pierre Y., No. 00-30411, 2002 WL 187420 (cite forthcoming). We also reject C.P.’s contention that 18 U.S.C. § 5032’s exclusion of Indian tribes from the certification process violates equal protection. Id. (relying on United States v. Juvenile Male, 864 F.2d 641, 646 (9th Cir. 1988)).
Our decision in Pierre Y. additionally forecloses several other of C.P.’s claims, including his arguments that 1) his adjudication of juvenile delinquency violates due process because ambiguity exists as to the prescribed penalty; 2) the district court erred in applying the procedures set forth in the FJDA, rather than state juvenile delinquency law, to adjudicate C.P.’s case; and 3) the district court improperly denied C.P.’s request for a trial by jury.