United States v. Fidel Mendez

765 F.3d 950, 584 Fed. Appx. 679, 2014 WL 4197594, 2014 U.S. App. LEXIS 16488
CourtCourt of Appeals for the Ninth Circuit
DecidedAugust 26, 2014
Docket13-30170
StatusPublished
Cited by3 cases

This text of 765 F.3d 950 (United States v. Fidel Mendez) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Fidel Mendez, 765 F.3d 950, 584 Fed. Appx. 679, 2014 WL 4197594, 2014 U.S. App. LEXIS 16488 (9th Cir. 2014).

Opinion

OPINION

WATFORD, Circuit Judge:

In 2007, a juvenile court adjudicated Fidel Mendez guilty of second-degree unlawful possession of a firearm, in violation of Revised Code of Washington (RCW) § 9.41.040(2)(a). 1 That offense, if committed by an adult, is a felony punishable by up to five years in prison. RCW §§ 9.41.040(2)(b), 9A.20.021(l)(c). In 2012, after Mendez had become an adult, a park ranger found him in possession of a shotgun. The federal government charged him with violating 18 U.S.C. § 922(g)(1), which makes it unlawful for a person to possess a firearm if he’s previously been “convicted in any court of, a crime punishable by imprisonment for a term exceeding one year.” 2 The indictment alleged— based on the 2007 juvenile adjudication— *952 that Mendez had been convicted of a such a crime.

Mendez moved to dismiss the charge on the ground that, under Washington law, his 2007 juvenile adjudication does not constitute a “conviction” of a “crime” for purposes of § 922(g)(1). After the district court denied the motion, Mendez entered a conditional guilty plea, reserving the right to challenge on appeal whether his 2007 juvenile adjudication meets the statutory definition of “a crime punishable by imprisonment for a term exceeding one year.”

Congress has defined “crime punishable by imprisonment for a term exceeding one year” to exclude certain offenses not relevant here. 18 U.S.C. § 921(a)(20). It has also provided the following direction: “What constitutes a conviction of such a crime shall be determined in accordance with the law of the jurisdiction in which the proceedings were held.” Id. Congress thus chose not to provide a uniform answer, as a matter of federal law, to the question whether a juvenile offense constitutes a “conviction” of a “crime.” We must look instead to state law to determine whether Mendez’s 2007 juvenile adjudication may serve as the predicate for his prosecution under § 922(g)(1). See United States v. Valerio, 441 F.3d 837, 839-40 (9th Cir.2006).

At first blush, Washington law seems to support Mendez. Most of the statutes governing juvenile offenders are found in RCW Title 13, which contains the following provision: “An order of court adjudging a child a juvenile offender or dependent under the provisions of this chapter shall in no case be deemed a conviction of crime.” RCW § 13.04.240. Mendez argues that this provision reflects the State’s policy decision to place juvenile adjudications on a different footing from adult convictions when assessing an individual’s criminal history. That argument finds further support in the Washington Supreme Court’s admonition that juveniles are deemed to commit “violations” or “offenses,” not “crimes.” Monroe v. Soliz, 132 Wash.2d 414, 939 P.2d 205, 208 (1997); In re Frederick, 93 Wash.2d 28, 604 P.2d 953, 954 (1980).

We must nonetheless reject Mendez’s position. Washington courts have held that, despite its sweeping language, RCW § 13.04.240 is actually quite limited in scope: It applies only when the defendant is still within the juvenile justice system. Because the juvenile system is focused on rehabilitation of the youthful offender, § 13.04.240 “is properly concerned with preventing an adjudication of guilt from being considered a crime while one is still a juvenile, as this approach furthers its rehabilitative purpose.” State v. Johnson, 118 Wash.App. 259, 76 P.3d 265, 267 (2003). After reaching adulthood, however, an individual who commits further crimes falls under the adult criminal justice system, whose primary purpose is punishment. Id. Within that system, § 13.04.240 has no effect, and juvenile adjudications may therefore be treated as convictions of crimes. In Johnson, for example, the court held that an adult defendant’s prior juvenile adjudication for assault with a deadly weapon rendered him ineligible for sentencing under Washington’s Drug Offender Sentencing Alternative, which requires that the defendant have no prior “convictions” for a violent offense within the preceding ten years. RCW § 9.94A.660(l)(c). In addition, Washington’s Sentencing Reform Act “unambiguously includes juvenile adjudications under Title 13 in the definition of criminal history,” Johnson, 76 P.3d at 268, and “allows consideration of prior juvenile adjudications in sentencing an individual who is now an adult and has committed a *953 crime as an adult.” Id. at 267-68; see also RCW §§ 9.94A.030(9), 9.94A.525.

Once an individual becomes an adult, Washington law also allows juvenile adjudications to be used as predicate offenses for certain crimes. As it happens, one such crime, is unlawful possession of firearms, see RCW § 9.41.040, Washington’s state-law analogue to 18 U.S.C. § 922(g)(1). Among other things, § 9.41.040 criminalizes possession of a firearm by a defendant who has previously been “convicted ... of any serious offense as defined in this chapter.” RCW § 9.41.040(l)(a). The statute expressly states that, “[njotwithstanding ... any other provisions of law, as used in this chapter, a person has been ‘convicted,’ whether in an adult court or adjudicated in a juvenile court, at such time as a plea of guilty has been accepted, or a verdict of guilty has been filed.... ” RCW § 9.41.040(3) (emphasis added). Based on that provision, Washington courts have held that juvenile adjudications for a “serious offense” may serve as the predicate for a § 9.41.040 prosecution. See State v. Wright, 88 Wash.App. 683, 946 P.2d 792, 794-95 (1997); State v. McKinley, 84 Wash.App. 677, 929 P.2d 1145, 1148-50 (1997).

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Bluebook (online)
765 F.3d 950, 584 Fed. Appx. 679, 2014 WL 4197594, 2014 U.S. App. LEXIS 16488, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-fidel-mendez-ca9-2014.