Criminal Defense of Immigrants


§ 12.9 (C)

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(C)  Probation Violation Sentence.  A sentence imposed for probation violation is considered to be the same as the original sentence, for purposes of determining whether it constitutes a sentence for immigration purposes.  For example, where a juvenile is originally sentenced under the Federal Juvenile Delinquency Act, and is then sentenced a second time after violating probation, the defendant must continue to be treated under the juvenile, rather than the adult, sentence rules.[100]  See § 10.46, supra

[100] United States v. Juvenile Male, 470 F.3d 939 (9th Cir. December 14, 2006) (Federal Juvenile Delinquency Act applies to a juvenile’s re-sentencing after revocation of probation, as well as the initial sentencing, so district court committed plain error by re-sentencing the juvenile under the adult sentencing scheme).



Lower Courts of Ninth Circuit

In re James C., 165 Cal.App.4th 1198 (Aug. 11, 2008) (unreasonable and unconstitutional to condition probation on juvenile leaving the country and not returning).