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NOT FOR PUBLICATION OCT 28 2010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. 10-30048

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

MEMORANDUM * S. T. B.,

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 burglary, in violation of 18 U.S.C. § 1153(a), (b). Appellant was sentenced to official detention for 16 months and to supervision following his

*

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). release from official detention until his nineteenth birthday. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Appellant has not shown that the district court abused its discretion by failing to consider the least restrictive environment and the rehabilitative needs of the appellant. See United States v. Juvenile, 347 F.3d 778, 787 (9th Cir. 2003). The district court’s determination that a period of detention was necessary to accomplish rehabilitation was not an abuse of discretion. Nor did the district court abuse its discretion by selecting a 16-month term, based on its determination that this term was necessary in order for appellant to participate in and complete the necessary rehabilitative programming.

Appellant’s request that we remand to a different district court judge is denied as moot.

AFFIRMED.

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