United States v. Justin D.

MEMORANDUM *

Justin D. (J.D.), a juvenile, appeals from the district court’s order revoking his probation and sentencing him to one year in a juvenile detention facility. On appeal, J.D. challenges the sufficiency of the information. We have jurisdiction pursuant to 28 U.S.C. § 1231 and we affirm.

*937 BACKGROUND

In 2002, an information was filed alleging that J.D. “committed an act of juvenile delinquency, in that ... [he] knowingly possess a firearm, a niekle plated Colt .32 automatic pistol, in violation of 18 U.S.C. § 922 (x)(2)(A).” 1 He entered a plea of true to the information and was sentenced to a five-year term of probation. He appealed his sentence, and this court, in an unpublished opinion, affirmed his sentence.

In 2005, the government petitioned for revocation of J.D.’s probation. J.D. moved to dismiss, arguing that the underlying information failed to state a federal offense because it failed to allege that the handgun traveled in interstate commerce. The district court denied J.D.’s motion to dismiss the petition, concluding that J.D. could not make this challenge in a probation revocation hearing. The district court revoked J.D.’s probation and sentenced him…