United States Ninth Circuit

The Federal Juvenile Delinquency Act (FJDA) applies to a juvenile's re-sentencing after revocation of probation, as well as sentencing on initial dispositions. A sentence imposed upon a juvenile for violating several terms of his probation on an offense which, if committed by an adult, would have constituted Aggravated Sexual Abuse of a Child under federal law, is vacated where district court committed plain error by re-sentencing the juvenile under the adult sentencing scheme, as opposed to the FJDA.

Appellate Information

• Argued 11/17/2006
• Decided 12/14/2006
• Published 12/14/2006

Judges

• MILAN D. SMITH, JR., Circuit Judge:, Before: GOODWIN, FISHER, and MILAN D. SMITH, JR., Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Steven C. Babcock, Assistant Federal Defender, Billings, MT, for the defendant-appellant., Marcia Hurd, Assistant United States Attorney, Billings, MT, for the plaintiff-appellee.