United States v. Juvenile Female

MEMORANDUM ***

Juvenile Female challenges the sentence imposed on her by the district court following the court’s initial sentence of three years of probation for assault resulting in serious bodily injury. Juvenile Female’s probation was revoked after she was caught drinking on two separate occasions. Because she violated the terms of her probation, the court re-sentenced her to juvenile detention until her 19th birthday, and then supervision until her 21 st birthday.

The Federal Juvenile Delinquency Act, 18 U.S.C. § 5031 et seq. (“FJDA”), governs the re-sentencing of juveniles after revocation of probation. See United States v. Juvenile Male, 470 F.3d 939, 940 (9th Cir.2006). At Juvenile Female’s probation revocation hearing, the district court did not impose the sentence under the FJDA. Instead, the court expressly imposed the sentence “[plursuant to the Sentencing Reform Act of 1984.” The court also made reference to the “original guideline range” and “Chapter 7 policy statements” at the hearing.

The district court’s failure to apply the FJDA in crafting Juvenile Female’s sentence constituted plain error that affected her substantial rights in a manner that “seriously…