Female

United States v. Female

Good Law
230 F. App'x 684
United States Court of Appeals for the Ninth CircuitApril 20, 2007No. 06-10753California544 words

Opinion

Lead Opinion

MEMORANDUM *

*685 The facts and procedural history are known to the parties and are repeated here only as necessary. We review a juvenile delinquency sentence that falls below the statutory maximum for abuse of discretion. United States v. Juvenile, 347 F.3d 778, 784 (9th Cir.2003). Our case law and the relevant statutes impose several requirements on a district court which sentences a juvenile to detention.

1. Under 18 U.S.C. § 5037 , the district court may sentence a juvenile delinquent who is under 18 years old to official detention, the maximum term being the lesser of the date when the juvenile becomes 21 or the maximum a similarly situated adult would receive. 18 U.S.C. § 5037 (c)(1) (2007). Under the advisory Sentencing Guidelines, a similarly situated adult would face 87-108 months incarceration for commission of this crime. The sentence of 10 months detention was well under the maximum sentence authorized by statute.

2. Our case law imposes an additional requirement that “[i]t must be clear from the record, if not explicit, that a district court weighed all of the relevant factors and found that the disposition imposed was the least restrictive means to accomplish a…

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