Juvenile
United States v. Juvenile
Opinion
Lead Opinion
MEMORANDUM ***
The district court did not abuse its discretion by imposing a custodial sentence. The record demonstrates that the judge gave adequate consideration to defendant’s situation, did not engage in impermissible burden-shifting and chose the “least-restrictive environment” appropriate under the circumstances. See United States v. Juvenile, 347 F.3d 778, 785 (9th Cir.2003).
*861 The sentencing hearing transcript does indicate that the judge acted under the assumption that he could “entertain a petition by the defendant for release from custody” if defendant completed a sex-offender treatment program. But it is not clear that the judge has the authority to do so. See United States v. Gordon K., 257 F.3d 1158, 1160-61 (10th Cir.2001) (suggesting that the Federal Juvenile Delinquency Act does not authorize modification of sentences after they have been imposed). “District courts do not have ‘inherent authority’ to reconsider sentencing orders.” United States v. Barragan-Mendoza, 174 F.3d 1024, 1028 (9th Cir.1999). And under 18 U.S.C. § 3582 (c)(1)(A)®, the district court could amend an adult defendant’s sentence only upon a motion from the Director of the Bureau of Prisons…