Doe

MEMORANDUM **

Jane Doe, a juvenile Native American, appeals a district court order sentencing her to thirty-six months in the custody of the Attorney General or his authorized representative, to be served at the Santa Fe Youth Development Program in Santa Fe, New Mexico. She maintains that the district court improperly delegated its authority to the Bureau of Prisons and abused its discretion in sentencing her to thirty-six months of official detention in a secure juvenile correction facility, which was not in or near her home community and, according to appellant, would not provide adequate rehabilitation. We affirm the district court.

A.

There was no improper delegation of authority. The Federal Juvenile Delinquency Act delegates to the district court the authority to determine the threshold question of whether the juvenile will be committed to official detention. 18 U.S.C. § 5037 (a) (2000) (amended 2002). The statute specifically delegates to the Attorney General, however, the authority to determine where a juvenile committed to official detention will be detained, and sets standards for the Attorney General to follow in making that decision, including that “[w]henever…