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U.S. v. LKAV

No. 12-10483.

712 F.3d 436 (2013)

UNITED STATES of America, Plaintiff-Appellee, v. LKAV, Juvenile Male, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed April 2, 2013.

Attorney(s) appearing for the Case

J. Ryan Moore (argued), D. Erendira Castillo-Reina , and Brian I. Rademacher , Assistant Federal Public Defenders, Tucson, AZ, for Juvenile-Appellant.

Christina Cabanillas (argued) and Ann L. DeMarais , Assistant United States Attorneys, Tucson, AZ, for Plaintiff-Appellee.

Before: JEROME FARRIS and N. RANDY SMITH, Circuit Judges, and TIMOTHY M. BURGESS, District Judge.

OPINION

N.R. SMITH, Circuit Judge:

When the United States charges a juvenile with an act of juvenile delinquency under the Federal Juvenile Delinquency Act (the "FJDA"), 18 U.S.C. §§ 5031-42, the district court must follow 18 U.S.C. § 5037(e) if it commits the juvenile for a study of the juvenile's competency to stand trial. Because the district court in this case instead committed LKAV under 18 U.S.C. § 4241(d), we reverse.

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