United States v. Juvenile Male

The district court adjudged the defendant Juvenile Male a juvenile delinquent because he committed an act that if committed by an adult would have constituted Aggravated Sexual Abuse of a Child under 18 U.S.C. § 2241 (c). The district court initially sentenced Juvenile Male to a term of probation extending to his 21st birthday. When Juvenile Male violated several terms of his probation, the district court revoked his probation and re-sentenced him “pursuant to the Sentencing Reform Act of 1984” to a term of official detention extending to his 21st birthday — a term of approximately 38 months. The district court committed plain error by re-sentencing a juvenile under the adult sentencing scheme. We vacate the district court’s sentence and remand for re-sentencing under the Federal Juvenile Delinquency Act (“FJDA”).

We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742 (a).

Because Juvenile Male did not object to the district court’s sentence, we review for plain error. The court may reverse only if defendant demonstrates that (1) there was an actual error, (2) the error was “plain” and (3) the error affected the defendant’s “substantial rights.” United States v.…