United States of America, Plaintiff-appellee, v. J.g.r. (juvenile), Defendant-appellant, 955 F.2d 48 (9th Cir. 1992)

MEMORANDUM^** 

J.G.R., a juvenile, appeals his sentence, imposed following a guilty plea, for one count of juvenile delinquency in violation of 18 U.S.C. § 5032. J.G.R. contends that the district court erred by imposing a term of imprisonment which exceeded the United States Sentencing Guidelines range applicable to an adult convicted of the same underlying offense. We have jurisdiction under 28 U.S.C. § 1291 and we affirm.

We review de novo the legality of a sentence and the district court's interpretation of a federal statute. United States v. Marco L., 868 F.2d 1121, 1123 (9th Cir.), cert. denied, 493 U.S. 956 (1989).

A juvenile's sentence may not exceed the maximum sentence which could have been imposed on a similarly situated adult. 18 U.S.C. § 5037(c) (1) (B). The words "maximum sentence" refer to the statutory maximum term for the offense, and the sentencing court need not apply the Sentencing Guidelines when determining an appropriate sentence for a juvenile. Marco L., 868 F.2d at 1123-24.¹ 

Here, J.G.R.'s conviction resulted from his participation in transportation of illegal aliens, which carries a maximum term of five years imprisonment. See 8 U.S.C. § 1324(a) (1). J.G.R. was sentenced to 12 months imprisonment, well below the maximum sentence potentially applicable to an adult. Thus, his sentence is legal. See Marco L., 868 F.2d at 1124.

AFFIRMED.