United States v. Kenneth C.

MEMORANDUM **

Kenneth C., a juvenile, appéals from the judgment entered on remand after our ruling in United, States v. Juvenile Male (Kenneth C.), 241 F.3d 684, 686 (9th Cir. 2001) (“Kenneth I”). On remand, the district court reinstated its prior adjudication of delinquency and sentence. Because the Assistant U.S. Attorney who signed the juvenile need certification was serving as the Acting U.S. Attorney on the day in question, we affirm.

I.

Kenneth C. argues that our opinion in Kenneth I conflicts with United States v. Doe, 98 F.3d 459 (9th Cir.1996) (“Doe 1996”). He suggests that we should therefore call for en banc review of this case. This issue was raised by Kenneth C. and rejected in Kenneth I. We explained that Doe 1996 did not present the issue raised here. Id. The issue decided in Doe 1996 was whether an Assistant U.S. Attorney, acting solely in such capacity, could sign the need certification required by 18 U.S.C. § 5032 . In Kenneth I, however, the issue was whether an Assistant U.S. Attorney, when acting as the U.S. Attorney, could sign a need certification. We answered that question in the affirmative, and our decision in Kenneth I constitutes “the law of the…