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Disposition hearing
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If the court finds a juvenile to be a delinquent, a
disposition hearing
shall be held. 18 U.S.C.A. § 5037(a) (West Supp. 1995). It
must be held
within twenty days of the finding of delinquency unless a "further
study" of the
juvenile is ordered by the court. Id.
At the disposition hearing, and after considering any
pertinent policy
statements promulgated by the Sentencing Commission, the court may
suspend the
findings of juvenile delinquency, order restitution, place the
juvenile on
probation, or commit him to official detention. Id.
Generally, any term
of probation or custody will not extend past the juvenile's
twenty-first birthday
or the maximum term that would be authorized if the juvenile had
been tried and
convicted as an adult, whichever occurs first. 18 U.S.C.A. §
5037 (West
Supp. 1995).
If a juvenile found to be delinquent is between eighteen and
twenty-one and
has committed a Class A, B, or C felony, the district court may
order official
detention for up to five years. 18 U.S.C.A. § 5037(c)(2) (West
Supp. 1995).
The court may impose detention for up to three years in the case of
other crimes.
Id. The maximum authorized term refers to the maximum
length of sentence
to which a similarly situated adult would be subjected if convicted
of the adult
counterpart of the offense and sentenced under the Guidelines.
United States
v. R.L.C., 503 U.S. 291, 307 n.7, 112 S. Ct. 1329, 1339, n.7,
117 L. Ed. 2d
559 (1992). A court has no authority under the Act to sentence an
adjudicated
juvenile delinquent to supervised release in addition to a term of
official
detention. United States v. Doe, 53 F. 3d 1081, 1083-84
(9th Cir. 1995).
Sentencing Guidelines do not directly apply to juvenile
delinquency
proceedings. R.L.C., 503 U.S. at 307 n.7. However, the
sentencing and
reviewing courts will have to determine an appropriate guideline
range in
juvenile delinquency proceedings which will be used solely to
determine the upper
limit in setting the maximum term for which a juvenile may be
committed to
official detention, absent circumstances that would warrant
departure under 18
U.S.C.A. § 3553(b).
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