U.S. v. J.W.T.

No. 03-3221.

368 F.3d 994 (2004)

UNITED STATES of America, Appellee, v. J.W.T., Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: May 21, 2004.


Attorney(s) appearing for the Case

Edward G. Albright, argued, Asst. Fed. Public Defender, Pieree, SD, for appellant.

Jay Miller, argued, Asst. U.S. Attorney, Pierre, SD (Hedi Bogda-Cleveland, Asst. U.S. Attorney, Pierre, SD, on the brief), for appellee.

Before WOLLMAN, MORRIS SHEPPARD ARNOLD, and COLLOTON, Circuit Judges.


COLLOTON, Circuit Judge.

J.W.T., a juvenile, appeals from the sentence imposed after revocation of his probation. He argues that the district court erred by relying on an amendment to 18 U.S.C. § 5037, which was enacted after his original act of juvenile delinquency, as authority to impose a period of "juvenile delinquent supervision" following the revocation of probation. We reverse.

I.

On February 18, 2002, J.W.T. struggled with and fled from...

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