to "waive any/all appellate rights regarding certification to adult status" in
his guilty plea agreement. 2
Flores also contends that his sentence violates the JJDPA's
requirements that juvenile offenders generally be incarcerated separately
from adult offenders, 42 U.S.C. § 5633(a)(13), and subject to "graduated
sanctions" that include rehabilitative programs, 42 U.S.C. § 5603(24). We
conclude this contention lacks merit because the cited provisions of the
JJDPA do not apply to juveniles who have been certified to stand trial as
adults. 28 C.F.R. § 31.303(d)(1)(v) (states are not prohibited from
detaining or confining juveniles who have been waived or transferred to
the adult system in adult facilities); 61 Fed. Reg. 65132-01 response to
cmt. 3(a) (Dept. of Justice, Dec. 10, 1996) ("The JJDP Act separation
requirement expressly applies to juveniles who are alleged to be or found
to be delinquent."); 42 U.S.C. § 5603(24) (defining term "graduated
sanctions" as used in the JJDPA to apply to "juveniles within the juvenile
justice system"); see also 18 U.S.C. § 5032 (1996) (allowing juveniles to be
prosecuted as adults in federal courts); In the Matter of Seven Minors, 99
Nev. 427, 433, 664 P.2d 947, 951 (1983) ("Once in a given case transfer is
decided upon . . . the youth is no longer presumed to be a child in the eyes
of the law and no longer entitled to the grace provided by the Juvenile
Court Act in that particular case."), disapproved of on other grounds by
2 To the extent Flores asserts that the district court lacked
jurisdiction over his case due to the allegedly improper certification, we
decline to address this contention because it is not supported by cogent
argument or citation to authority. See Maresca v. State, 103 Nev. 669,
673, 748 P.2d 3, 6 (1987).
SUPREME COURT
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- 74Ntinri,02' •
Matter of William S., 122 Nev. 432, 442 n.23, 132 P.3d 1015, 1021 n.23
(2006). Accordingly, we
ORDER the judgment of conviction AFFIRMED.
/
Hardesty
J.
cc: Hon. Elissa F. Cadish, District Judge
Matthew D. Carling
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk
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