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. See § 10.46, supra
 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
JUVENILES - PROBATION
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).