United States v. Terrance Machen, Jr., 576 F. App'x 561

Machen was charged in a RICO conspiracy extending from 2003 to 2011, with the indictment listing multiple overt acts.
The government sought to prosecute Machen as an adult for an age-of-majority-spanning conspiracy under the FJDA’s framework, without certification.
Machen turned eighteen on April 18, 2009; the government argued ratification after his eighteenth birthday was established at trial.
Evidence showed pre-18 conduct substantial to the conspiracy, but post-18 conduct was limited and contested.
The district court did not instruct the jury on ratification and Machen was convicted; sentence imposed.
The court ultimately vacated the conviction and remanded, finding plain error in the lack of ratification instruction.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether jurisdiction was proper without FJDA certification	Machen argues the indictment failed to plead ratification and thus jurisdiction remained under FJDA.	Machen contends FJDA certification was necessary since acts before 18 cannot subject him to federal jurisdiction.	Jurisdiction was proper because conspiracy spanned majority age; but failure to instruct on ratification constitutes plain error.
Sufficiency of ratification evidence	Evidence showed after-18 participation, including Royal’s initiation, suffices for ratification.	Evidence of post-majority participation is insufficient without affirmative steps to ratify.	Evidence was sufficient to support ratification, though close; jury could find after-18 participation.
Plain-error in lack of ratification instruction	No error because ratification was not required to convict under standard.	The jury should have been instructed that ratification must be proven for post-18 liability.	Plain error found; conviction vacated and remanded for proceedings consistent with ratification requirements.

United States v. Maddox, 944 F.2d 1223 (6th Cir.1991) (ratification threshold required for post-18 liability in age-spanning conspiracies)
United States v. Odom, 13 F.3d 949 (6th Cir.1994) (continued participation after 18 allows adult prosecution without FJDA certification)
United States v. Spoone, 741 F.2d 680 (4th Cir.1984) (age-spanning conspiracy can be prosecuted as adult; FJDA does not bar if continued involvement after 18)
Salinas v. United States, 522 U.S. 52 (1997) (agency liability for conspiracy can attach without overt act; ratification framework governs post-18 liability)
United States v. Cruz, 805 F.2d 1464 (11th Cir.1986) (post-18 involvement supported by evidence of continued conspiracy activity)
United States v. Gjonaj, 861 F.2d 143 (6th Cir.1988) (participation in proposed transaction can support adult liability)
United States v. Thomas, 114 F.3d 228 (D.C.Cir.1997) (conviction based on post-majority acts in furtherance of conspiracy)