Male

MEMORANDUM *

Juvenile Male violated the terms of his probation and was sentenced to forty-six months of official detention. On appeal, he contends that the district court erred by failing to consider the Chapter 7 policy statements in imposing his sentence and by imposing a sentence that was contrary to the rehabilitative purpose of the Federal Juvenile Delinquency Act (FJDA), 18 U.S.C. § 5031 , et. seq. Because these objections were not presented to the district court, we review for plain error, and we affirm.

The district court may have erred by failing to consider the Chapter 7 policy statements, or by failing to make a record that it did so. See 18 U.S.C. § 5037 (b); U.S.S.G. § 7B1.4; United States v. Tadeo, 222 F.3d 623, 625 (9th Cir.2000) (“A district court abuses its discretion if it fails to consider [the Chapter 7] policy statements.”). There was no plain error, however, because Juvenile Male’s substantial rights were not affected. See United States v. Klinger, 128 F.3d 705, 712 (9th Cir.1997) (noting that “before we may correct an error not raised at trial, ‘there must be (1) error, (2) that is plain, and (3) that affects substantial rights ’ ”) (emphasis added)…