United States v. Vargas-De-Jesus

DYK, Circuit Judge.

Wayne Vargas-De Jesús (“Vargas”) was convicted on two counts charging violations of 21 U.S.C. §§ 841(a)(1) and 860 — possession with intent to distribute illegal drugs within one thousand feet of a school. He was also convicted of one count of conspiracy to violate those provisions. See 21 U.S.C. § 846. On appeal, Vargas challenges the substantive convictions based on lack of jurisdiction under the Federal Juvenile Delinquency Act (“FJDA”), 18 U.S.C. § 5032, on the ground that he was a minor when the offenses were committed. Because the district court lacked jurisdiction…