151672P.pdf   08/18/2016  United States  v.  E.T.H., JUV
   U.S. Court of Appeals Case No:  15-1672
   U.S. District Court for the District of South Dakota - Pierre   
   [PUBLISHED] [Smith, Author, with Murphy and Benton, Circuit Judges] 
   Criminal case - Sentencing. The statute governing the maximum term of 
   supervision upon revocation for a person under the age of 21 [18 U.S.C. 
   Sec. 5037(d)]is indisputably ambiguous, but court holds that the maximum 
   term of supervision that a court may impose under Section 5037(d)(6) is 
   determined by the requirements in Section 5037(d)(2), using the juvenile's 
   age at the time of the revocation hearing; the maximum total time of 
   detention and supervision that may be imposed upon the revocation of a 
   previously imposed term of supervision for a juvenile who is under age 21 
   at the time of revocation is ((1) 3 years, (2) the top of the guidelines 
   range that would have applied to a similarly situated adult unless the 
   court finds an aggravating factor warranting an upward departure or (3) 
   the maximum term of imprisonment that would be authorized if the juvenile 
   had been tried and convicted as an adult, whichever is the least, less the 
   term of official detention ordered; here, the court's sentence exceeds the 
   statutory maximum and the matter is remanded for resentencing.