United States of America v. B. V. J.

10-30047Court of Appeals for the Ninth CircuitOct 28, 2010

Full text

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The panel unanimously concludes this case is suitable for decision**
without oral argument. See Fed. R. App. P. 34(a)(2).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
B. V. J.,
Defendant - Appellant.
No. 10-30047
D.C. No. 4:09-cr-00113-SEH
MEMORANDUM*
Appeal from the United States District Court
for the District of Montana
Sam E. Haddon, District Judge, Presiding
Submitted October 19, 2010**
Before: O’SCANNLAIN, TALLMAN, and BEA, Circuit Judges.
Appellant, a juvenile, appeals from the sentence imposed following his true-
plea to an act of juvenile delinquency, pursuant to 18 U.S.C. § 5031, that
constituted aiding and abetting burglary, in violation of 18 U.S.C. § 2(a); 18 U.S.C.
§ 1153(a), (b). Appellant was sentenced to official detention for 14 months and to
FILED
OCT 28 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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supervision following his release from official detention until his eighteenth
birthday. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
The record reflects that the district court conducted the requisite “assessment
of the totality of the unique circumstances and rehabilitative needs” of appellant.
United States v. Juvenile, 347 F.3d 778, 787 (9th Cir. 2003). Appellant has not
shown that the district court abused its discretion by failing to impose the “least
restrictive means to accomplish [appellant’s] rehabilitation.” Id.
AFFIRMED.

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