United States of America v. Jwc, Juvenile Male

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JWC, JUVENILE MALE,
Defendant - Appellant.
No. 14-30058
D.C. No. 4:13-cr-00121-BMM-1
MEMORANDUM*
Appeal from the United States District Court
for the District of Montana
Brian M. Morris, District Judge, Presiding
Submitted May 7, 2015**
Portland, Oregon
Before: W. FLETCHER and HURWITZ, Circuit Judges and BAYLSON,*** Senior
District Judge.
FILED
MAY 18 2015
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* 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).
*** The Honorable Michael M. Baylson, Senior District Judge for the U.S.
District Court for the Eastern District of Pennsylvania, sitting by designation.

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In this appeal, J.W.C. challenges the sufficiency of the evidence supporting his
adjudication as a juvenile delinquent under the Federal Juvenile Delinquency Act, 18
U.S.C. §§ 5031-5037, for committing sexual abuse on an Indian reservation in
violation of 18 U.S.C. §§ 1153(a) and 2242(2)(B). We have jurisdiction under 28
U.S.C. § 1291, and affirm.
J.W.C. argues there was insufficient evidence that he engaged in a sexual act
with the victim. See 18 U.S.C. §§ 2242(2) (“sexual abuse” requires a “sexual act”) &
2246(2)(A) (defining “sexual act”). The victim testified, however, that she awoke to
find J.W.C.’s penis and finger in her vagina, and J.W.C.’s DNA was discovered on
the victim’s underwear. There thus plainly was sufficient evidence to sustain the
conviction. See 18 U.S.C. § 2246(2)(A) (“[T]he term ‘sexual act’ means contact
between the penis and the vulva . . . .”); United States v. Gudino, 432 F.2d 433, 434
(9th Cir. 1970) (per curiam) (“The testimony of the one witness, if believed, was
sufficient to support the conviction . . . .”).
AFFIRMED.
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