United States of America v. Cybh, Juvenile Male

11-30130Court of Appeals for the Ninth CircuitDec 22, 2011

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. Appellant. P. 34(a)(2).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
CYBH, JUVENILE MALE,
Defendant - Appellant.
No. 11-30130
D.C. No. 4:11-cr-00035-SEH
MEMORANDUM*
Appeal from the United States District Court
for the District of Montana
Sam E. Haddon, District Judge, Presiding
Submitted December 19, 2011**
Before: GOODWIN, WALLACE, and McKEOWN, 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. § 5037.
Appellant was sentenced to official detention until his nineteenth birthday followed
by 12 months of juvenile delinquent supervision. We have jurisdiction
FILED
DEC 22 2011
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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under 28 U.S.C. § 1291, and we affirm.
Appellant contends that the district court’s sentence contravenes the
rehabilitative purposes of the Federal Juvenile Delinquency Act, 18 U.S.C. § 5031
et. seq., and that detention was not the least restrictive means of achieving these
purposes. We conclude that the district court did not abuse its discretion in
fashioning the sentence. See United States v. Doe, 149 F.3d 945, 950-51 (9th Cir.
1998); see also United States v. Juvenile, 347 F.3d 778, 787-88 (9th Cir. 2003).
AFFIRMED.

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