United States v. F.M.s-r, Juvenile Male
709 F. App'x 856
9th Cir.2017Background
- S-R, a Mexican juvenile, was apprehended by U.S. Border Patrol after crossing from Mexico into Arizona with three adult Mexican men; he admitted and was identified as the group’s guide.
- Prosecutors charged S-R under 8 U.S.C. § 1324(a)(2)(A) for bringing illegal aliens into the United States for profit (the greater offense).
- At trial the jury convicted S-R of the lesser-included offense of bringing aliens into the United States (without the for-profit element).
- S-R moved for acquittal under Fed. R. Crim. P. 29; the district court denied the motion and the conviction followed.
- S-R raised several JDA (Juvenile Delinquency Act) challenges on appeal: alleged failure to make reasonable efforts to contact parents, failure to notify juvenile/JDA protections to him and consular, and alleged delay in arraignment.
- The Ninth Circuit reviewed a mix of plain-error and de novo/clear-error standards and affirmed the conviction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether conviction on a lesser-included offense is improper when only greater offense charged | Gov't argued lesser offense is necessarily included and conviction is permissible | S-R argued district court erred in convicting on lesser when only greater was charged and he did not request it | Conviction of lesser-included offense was proper; S-R was on notice and no error |
| Sufficiency of evidence (Rule 29) | Gov't argued evidence viewed in government’s favor supports conviction | S-R argued evidence was insufficient to sustain conviction | Denial of Rule 29 motion affirmed; evidence sufficient; later conviction of lesser does not change review |
| JDA—reasonable efforts to contact parents | Gov't argued agents made reasonable efforts and consular contact is adequate alternative | S-R argued agents failed to reasonably attempt to notify his mother (including via consular contacting Mexican police) | Court affirmed reasonable efforts; specific new theory not reviewed; consular contact adequate alternative |
| JDA—notice of JDA protections and consular notification | Gov't noted Ninth Circuit requires Miranda notification for juveniles (not separate JDA notice) | S-R argued government should have notified him and consular of JDA protections | Rejected; no basis to expand Ninth Circuit rule requiring only Miranda notification |
| Arraignment delay / presenting juvenile ‘forthwith’ | Gov't noted counsel waived delay claim; presented within ~18 hours | S-R argued delayed arraignment violated JDA | Waived or not reviewable on undeveloped record; no plain error shown; affirmed |
Key Cases Cited
- United States v. Barajas-Montiel, 185 F.3d 947 (9th Cir. 1999) (plain-error review for unobjected-to jury instructions/conviction theories)
- United States v. Arnt, 474 F.3d 1159 (9th Cir. 2007) (lesser-included offense analysis)
- United States v. Stolarz, 550 F.2d 488 (9th Cir. 1977) (notice that jury may convict of lesser-included offense)
- United States v. Sanchez, 639 F.3d 1201 (9th Cir. 2011) (standard for reviewing Rule 29 denials)
- United States v. Leos-Maldonado, 302 F.3d 1061 (9th Cir. 2002) (sufficiency review phrasing: any rational trier of fact)
- United States v. C.M., 485 F.3d 492 (9th Cir. 2007) (clear-error review of reasonable efforts to notify parents)
- United States v. Doe, 366 F.3d 1069 (9th Cir. 2004) (plain-error review for unpreserved JDA claims)
- United States v. Juvenile (RRA-A), 229 F.3d 737 (9th Cir. 2000) (declines to review new factual claims raised on appeal)
- United States v. D.L., 453 F.3d 1115 (9th Cir. 2006) (consular contact can be adequate alternative to parental notification)
- United States v. Doe, 170 F.3d 1162 (9th Cir. 1999) (Ninth Circuit requires Miranda notification for juveniles rather than separate JDA notice)
- United States v. Olano, 507 U.S. 725 (U.S. 1993) (standards governing plain-error review and waiver)