Male

United States v. Male

Good Law
118 F. App'x 165
United States Court of Appeals for the Ninth CircuitNovember 24, 2004No. 03-10565California394 words

Opinion

Lead Opinion

MEMORANDUM **

Juvenile Male appeals the district court’s order revoking his probation and *167 imposing a sentence upon revocation of seven months detention followed by eleven months of supervised release. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Appellant contends that the sentence imposed upon revocation violates the original plea agreement because it extends beyond his 21st birthday. We conclude, however, that nothing in the plea agreement precludes a term of incarceration or supervision beyond the age of 21 upon revocation of the probationary sentence originally imposed. See United States v. Clark, 218 F.3d 1092, 1095 (9th Cir.2000) (“Plea agreements are contractual in nature and are measured by contract law standards.”).

Appellant next contends that the plea colloquy in the underlying offense did not comply with Rule 11 of the Federal Rules of Criminal Procedure and violated his due process rights because he was not specifically informed that he could be incarcerated beyond his 21st birthday upon a revocation of his probationary sentence. Because revocation of probation, however, is a proceeding triggered by the juvenile’s own actions subsequent…

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