United States v. Justin D.

MEMORANDUM **

Justin D., a twelve-year-old juvenile, pled guilty to a charge of knowingly possessing a firearm in violation of 18 U.S.C. § 922 (x)(2)(A). He now appeals the district court’s dispositional order that he reside for a minimum of 18 months in a residential care facility 1 as a condition of his five-year term of probation. Justin D. argues that this condition amounts to a violation of the one-year statutory limitation on incarceration for a violation of 18 U.S.C. § 922 (x)(2)(A). He also argues that the condition that he reside at the facility for a minimum of 18 months constitutes an illegal indeterminate sentence. Because the parties are familiar with the facts, we do not repeat them here. We have jurisdiction over this case under 28 U.S.C. § 1291 , and we affirm.

Justin D. first argues that the 18-month period of residential custody violates 18 U.S.C. § 924 (a)(6)(A.)(i), which places a one year limitation on imprisonment for a juvenile who has violated 18 U.S.C. § 922 (x)(2)(A). Justin D. was sentenced pursuant to the Sentencing Reform Act of 1984, and under the Act, in addition to mandatory conditions of probation, the court may order medical, psychiatric, or…