United States of America, Plaintiff-appellee, v. John Doe, Defendant-appellant, 94 F.3d 653 (9th Cir. 1996)

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US Court of Appeals for the Ninth Circuit - 94 F.3d 653 (9th Cir. 1996)

Submitted Aug. 6, 1996. *Decided Aug. 12, 1996


Before: ALARCON, NORRIS, and KLEINFELD, Circuit Judges.


MEMORANDUM** 

Appellant, a juvenile, appeals the district court's order remanding him to the custody of the Attorney General for a period of forty-seven months.

United States v. R.L.C., 503 U.S. 291, 307 (1992), holds that although the Sentencing Guidelines do not apply directly to juvenile proceedings, the upper limit of the proper Guideline range sets the "maximum term for which a juvenile may be committed to official detention absent circumstances that would warrant departure under § 3553(b)." The upper limit of the Guideline range in this case was a twenty-four month term of incarceration.

We vacate the sentence in this case, only. We do not disturb the sentence appellant was serving concurrently for assault with a dangerous weapon with intent to do bodily harm.

The sentence is VACATED, and the cause is REMANDED for further proceedings.

 *

The panel unanimously finds this case suitable for decision without oral argument. Fed. R. App. P. 34(a) and Ninth Circuit Rule 34-4

 **

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3