United States v. Dennis Louis Hayes

The novel issue raised on this appeal is whether, under section 5032 of the Federal Juvenile Delinquency Act (“FJDA”, 18 U.S.C. § 5032 ), the district court has discretion to reject the tendered admission of the juvenile delinquency information before a transfer motion has been filed. We hold that the district court has discretion to re ject the tender and that the court did not abuse its discretion under the circumstances of this case. Accordingly, we affirm Hayes’ criminal conviction for bank robbery in violation of 18 U.S.C. §§ 2113 (a) and 2113(d).

On January 31, 1978, Hayes and his two co-defendants robbed a bank in California. Before Hayes left the bank, the bank alarm was sounded, and he and his confederates were captured. At the time of the offense, Hayes was 17 years old. On February 1, 1978, a juvenile delinquency information was filed charging him with two counts of bank robbery. At the same time, the Government filed the requisite certification reporting the refusal of the State of California to assume jurisdiction over Hayes. On February 13, 1978, Hayes attempted to admit the averments of the information. The Assistant United States Attorney told the court that the…