United States v. Juvenile Male

MEMORANDUM *

Juvenile Male appeals the district court’s revocation of his probation, and its imposition of a 60-month prison term for aggravated sexual assault. Juvenile Male argues that the district court lacked jurisdiction over his probation revocation proceeding because his transfer from the nonsecure Our Home, Inc. facility to the secure Santa Fe County Youth Development Program constituted a constructive revocation of his probation. In addition, he claims that the 33-month term he spent in the Santa Fe facility was the equivalent of a term of imprisonment, thereby making it an illegal term of his probation agreement, and that his due process rights were violated because no revocation or modification hearing was held prior to the transfer. Finally, he argues that the district court abused its discretion in sentencing him to *668 the statutory maximum of 60 months in prison, and that he should have instead been sentenced to only 10 months in accordance with the United States Sentencing Guidelines Chapter 7 policy statement.

We have jurisdiction pursuant to 28 U.S.C. § 1291 . We affirm the decision of the district court.

First, Juvenile Male’s probation was not…