United States v. Luis Alberto Salazar

Good Law
30 F.3d 140·1994 WL 319128
United States Court of Appeals for the Ninth CircuitJuly 1, 199493-10715California333 words

Opinion

Opinion

30 F.3d 140 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Luis Alberto SALAZAR, Defendant-Appellant. No. 93-10715. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 14, 1994. Decided July 1, 1994. Before: HUG, SCHROEDER, and FERNANDEZ, Circuit Judges. ORDER 1 In this appeal, the defendant appeals from the order of the district court entered November 3, 1993, authorizing the Government to proceed against the juvenile defendant as an adult. It is undisputed that the district court lacked jurisdiction to issue the November 3 order because the juvenile records had not been filed with the district court at the time the order was issued, as required by 18 U.S.C. Sec. 5032 . See United States v. Doe, 13 F.3d 302 (9th Cir.1993). 2 The Government has filed a motion to dismiss this appeal as moot because it has since filed the juvenile court records with the district court and a subsequent motion to proceed…

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