United States v. Jose Antonia Araiza-Valdez

PROCEEDINGS IN THE DISTRICT COURT

The Government appeals the order of the District Court dismissing the indictment against the above-named defendant (Valdez). We note jurisdiction and vacate the order.

On September 3, 1972, Valdez, then age 17 years, entered the United States by automobile at the Nogales, Arizona port of entry. When a customs inspector began a border search of the automobile, Valdez fled on foot back into Mexico. The vehicle search revealed about 175 pounds of marijuana. A complaint charging Valdez, “date of birth December 8, 1954,” with violation of 21 U.S.C. §§ 841 (a)(1), 952(a) and 960(a) was filed and an arrest warrant issued for Valdez on November 6, 1972, less than one month prior to his 18th birthday.

Valdez remained a fugitive until December 6,1979 when he was apprehended upon entering the United States from Mexico. On December 11, 1979, Valdez, then age 24 years, was indicted for the offenses committed on September 3, 1972.

Valdez moved for a dismissal of the indictment contending that he was entitled to be proceeded against as a juvenile under the terms and provisions of the Juvenile Delinquency Act of 1948 (JDA), 18 U.S.C. §§ 5031-5042 , and that…