United States v. Rpjh, Juvenile Female

Good Law
516 F. App'x 656
United States Court of Appeals for the Ninth CircuitApril 22, 201312-30241California511 words

Opinion

Opinion

MEMORANDUM

R.P.J.H. appeals her adjudication as a juvenile delinquent following a bench trial in which she was found guilty of assaulting a federal officer in violation of 18 U.S.C. § 111 (a)(1) and (b). R.P.J.H. contends there was insufficient evidence to support her conviction and that the sentence imposed violates the Federal Juvenile Delinquency Act (“FJDA”), 18 U.S.C. §§ 5031-5042 . We have jurisdiction under 28 U.S.C. § 1291 and 18 U.S.C. § 3742 , and we affirm.

Viewing the evidence in the light most favorable to the prosecution, United States v. Nevils, 598 F.3d 1158, 1164 (9th Cir. 2010), sufficient evidence was presented at R.PJ.H.’s trial to enable a reasonable finder of fact to conclude that she violated 18 U.S.C. § 111 (a)(1) by knowingly and forcibly assaulting, impeding, intimating, and interfering with a federal officer while he was engaged in his official duties, and while using a deadly and dangerous weapon: her vehicle.

Officer LaMere testified R.P.J.H. drove her truck down the street in his direction three times, increasing her speed each time, and revving the truck’s engine. Though there were factual disputes regarding the exact positioning and speed of the…

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