United States v. Antonio Frasquillo-Zomosa
Opinion
Opinion
Burns, J.
Antonio Frasquillo-Zomosa (Frasquillo or appellant) appeals his adjudication of juvenile delinquency, 18 U.S.C. §§ 5031-5039 , on the ground of insufficiency of the evidence. We affirm.
I
BACKGROUND FACTS
On November 26, 1979, an information and certification to proceed against Frasquillo as a juvenile was filed in the District of Arizona. The information alleged that appellant was a juvenile and charged him with two counts of what would have been crimes if he were an adult: (1) transporting illegal aliens, in violation of 8 U.S.C. § 1324 (a)(2), and (2) assaulting border patrol agents while engaged in the performance of their duties, in violation of 18 U.S.C. § 111 and § 1114. The incident from which these proceedings arose occurred on November 22, 1979.
Counsel was appointed to represent the appellant on November 26, 1979. At a November 28 hearing, appellant denied the allegations of juvenile delinquency. At the same hearing, appellant stated that he was 16 years old, his birthdate being June 13, 1963. The district judge who presided at the arraignment found that the appellant was a juvenile within the meaning of 18 U.S.C. § 5031 .