United States v. Thomas C.

MEMORANDUM **

In these consolidated appeals, Thomas C., a juvenile, appeals the district court’s finding of juvenile delinquency under 18 U.S.C. § 5032 for his having committed an act of arson under 18 U.S.C. § 81 , and the district court’s order rescinding its stay of execution of the commitment order. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm in part and vacate and remand in part.

Thomas C. contends that the district court’s finding of juvenile delinquency is not supported by sufficient evidence. The sole disputed issue was the identity of the person who set the fire, and the evidence presented tying Thomas C. to the arson was sufficient to support the finding of juvenile delinquency. See United States v. Doe, 136 F.3d 631, 636 (9th Cir.1998) (“Evidence is sufficient to support a [juvenile delinquency finding] unless, viewing the evidence in the light most favorable to the prosecution, no rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.”).

Thomas C. also contends that the district court violated his due process rights by not allowing him an opportunity to present evidence in response to the allega *14…