United States v. Hb, Juvenile Male
2012 U.S. App. LEXIS 17754
| 9th Cir. | 2012Background
- H.B. appeals adjudication as a juvenile delinquent for aiding and abetting W.B. in aggravated sexual abuse of T.T.W. on the Blackfeet Indian Reservation in Montana.
- W.B. was adjudged a juvenile delinquent for knowingly using force to cause a sexual act; H.B. aided and abetted, and both are Native Americans on the reservation.
- T.T.W. testified she woke with no clothes while W.B. was on top; H.B. restrained her leg and spoke about getting next, and their grandfather entered the room.
- A nurse confirmed a fresh bruise and the assault history noted “holding and pinching” as methods used.
- The district court sentenced H.B. to 18 months detention followed by 12 months of juvenile delinquent supervision, citing need for sex offender treatment at the RYO facility near family.
- H.B. challenges both the sufficiency of evidence for the offense and the reasonableness of the 18+12 month disposition under the Federal Juvenile Delinquency Act (FJDA).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for aggravated sexual abuse | H.B. argues W.B. did not commit aggravated sexual abuse beyond reasonable doubt | H.B. contends evidence hinges on credibility issues favoring defendants | Yes; sufficient force and aiding/abetting shown beyond reasonable doubt |
| Aiding and abetting standard | W.B. acted with force; H.B. aided by restraining leg and concealing victim | H.B. disputes degree of participation and intent | The evidence supports H.B.’s aiding and abetting liability |
| Reasonableness of the sentence under FJDA | Dispositional choice should consider treatment options and community proximity | Full detention period is overly restrictive without alternative plans | Dispositional sentence was reasonable under FJDA |
Key Cases Cited
- United States v. Fulton, 987 F.2d 631 (2d Cir. 1993) (requires actual force for aggravated sexual abuse)
- United States v. Archdale, 229 F.3d 861 (9th Cir. 2000) (force can be shown by restraint enabling contact)
- United States v. Allery, 139 F.3d 609 (8th Cir. 1998) (force may be found where restraint permits sexual contact)
- United States v. Nevils, 598 F.3d 1158 (9th Cir. 2010) (defer to trier of fact on credibility; findings sustain conviction)
- United States v. McDaniel, 545 F.2d 642 (9th Cir. 1976) (aiding and abetting requires knowledge and intent to help)
- United States v. Lucas, 157 F.3d 998 (5th Cir. 1998) (considers disparity in power as evidence of force)