United States of America, Plaintiff-appellee, v. John Doe, Defendant-appellant, 94 F.3d 653 (9th Cir. 1996)Annotate this Case
Submitted Aug. 6, 1996. *Decided Aug. 12, 1996
Before: ALARCON, NORRIS, and KLEINFELD, Circuit Judges.
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.