United States v. Juvenile Male, No. 17-10257 (9th Cir. 2018)Annotate this Case
In this appeal, the parties disputed the maximum term of official detention that can be imposed upon revocation of juvenile delinquent supervision when the juvenile is more than 21 years old at the time of the revocation proceeding. Defendant argued that the duration of previously ordered terms of official detention is always subtracted from the maximum term prescribed by 18 U.S.C. 5037(c)(2).
The Ninth Circuit vacated the district court's imposition of the 34 month term of official detention following revocation of defendant's juvenile delinquent supervision. The panel held that the text and structure of section 5037(d)(5), its legislative history, and the Federal Juvenile Delinquency Act's motivating purpose supported defendant's construction of section 5037(d)(5). In this case, defendant was entitled to credit for "any term of official detention previously ordered," and thus the maximum term of official detention that could have been imposed upon revocation of his juvenile delinquent supervision was 14 months.