United States v. Roy Mason Alexander

Good Law
695 F.2d 398·1982 U.S. App. LEXIS 23016
United States Court of Appeals for the Ninth CircuitDecember 28, 198281-1542California2,453 words

Opinion

Opinion

Anderson, J.

Alexander appeals a judgment on four counts of first-degree murder and four counts of murder committed in the perpetration of a felony (robbery). After a jury found Alexander guilty on all eight counts, District Judge Nielsen sentenced Alexander to four consecutive life sentences on the first-degree murder counts, set to run concurrently with four consecutive life sentences on the felony murder counts. We affirm.

I. DISCUSSION

Alexander presents three issues on appeal. First, did the district court abuse his discretion in ordering Alexander, a juvenile, transferred for trial as an adult? Second, were the jury instructions prejudicially conflicting? Third, did the district court err by failing to conduct an evidentiary hearing on Alexander’s motion for a new trial?

A. Transfer to Adult Status

Shortly after Alexander was charged with juvenile delinquency, the United States Attorney moved pursuant to the Federal Juvenile Delinquency Act, 18 U.S.C. § 5032 , to have Alexander “transferred” for prosecution as an adult. There is no dispute the prerequisites for such a motion were met — Alexander was sixteen years of age at the time of the murders for which he was charged and the…

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