United States v. Steven Birdsbill ( 2010 )

FILED
NOT FOR PUBLICATION OCT 28 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 10-30048
Plaintiff - Appellee, D.C. No. 4:09-cr-00113-SEH
v.
MEMORANDUM *
S. T. B.,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Montana
Sam E. Haddon, District Judge, Presiding
Submitted October 19, 2010 **
Before: O’SCANNLAIN, TALLMAN, and BEA, 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. § 5031, that
constituted burglary, in violation of 18 U.S.C. § 1153(a), (b). Appellant was
sentenced to official detention for 16 months and to supervision following his
*
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. App. P. 34(a)(2).
release from official detention until his nineteenth birthday. We have jurisdiction
under 28 U.S.C. § 1291, and we affirm.
Appellant has not shown that the district court abused its discretion by
failing to consider the least restrictive environment and the rehabilitative needs of
the appellant. See United States v. Juvenile, 347 F.3d 778, 787 (9th Cir. 2003).
The district court’s determination that a period of detention was necessary to
accomplish rehabilitation was not an abuse of discretion. Nor did the district court
abuse its discretion by selecting a 16-month term, based on its determination that
this term was necessary in order for appellant to participate in and complete the
necessary rehabilitative programming.
Appellant’s request that we remand to a different district court judge is
denied as moot.
AFFIRMED.
2 10-30048