FILED

NOT FOR PUBLICATION OCT 28 2010

MOLLY C. DWYER, CLERK

UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS

FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 10-30047

Plaintiff - Appellee, D.C. No. 4:09-cr-00113-SEH v.

MEMORANDUM * B. V. J.,

Defendant - Appellant.

Appeal from the United States District Court

for the District of Montana

Sam E. Haddon, District Judge, Presiding

Submitted October 19, 2010 ** Before: O’SCANNLAIN, TALLMAN, and BEA, Circuit Judges.

Appellant, a juvenile, appeals from the sentence imposed following his true- plea to an act of juvenile delinquency, pursuant to 18 U.S.C. § 5031, that constituted aiding and abetting burglary, in violation of 18 U.S.C. § 2(a); 18 U.S.C. § 1153(a), (b). Appellant was sentenced to official detention for 14 months and to

*

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

**

The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). supervision following his release from official detention until his eighteenth birthday. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

The record reflects that the district court conducted the requisite “assessment of the totality of the unique circumstances and rehabilitative needs” of appellant. United States v. Juvenile, 347 F.3d 778, 787 (9th Cir. 2003). Appellant has not shown that the district court abused its discretion by failing to impose the “least restrictive means to accomplish [appellant’s] rehabilitation.” Id.

AFFIRMED.

2 10-30047