Criminal Defense of Immigrants

(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).