United States v. Hb, Juvenile Male

H.B. appeals his adjudication as a juvenile delinquent for aiding and abetting his cousin, W.B., in committing aggravated sexual abuse against their female friend, T.T.W., on an Indian reservation. 18 U.S.C. § 5031 et seq.; 18 U.S.C. § 1153 (a); 18 U.S.C. § 2 . On appeal, H.B. claims that there was insufficient evidence to support his adjudication. In addition, H.B. contends that the district court imposed an unreasonable sentence by ordering him to spend 18 months at a juvenile correctional detention facility followed by 12 months of juvenile delinquent supervision. We disagree, and affirm the adjudication and sentence.

I.

T.T.W. testified that, late in the evening on October 30, 2009, she went to H.B.’s house to ask for a ride home after drinking heavily with some friends at a party. The next thing T.T.W. remembers is waking up in a bed, with no pants or undergarments on, with W.B. on top of her engaging in sexual intercourse. T.T.W. then observed H.B. next to her, holding her right leg down and saying either, “I get next,” or, “I get dibs.” When T.T.W. realized what was happening, she started crying, told W.B. to get off of her, and said that she wanted her…