United States v. John Doe, a Juvenile

Good Law
61 F.3d 913·1995 WL 444659·1995 U.S. App. LEXIS 27397
United States Court of Appeals for the Ninth CircuitJuly 26, 199594-10414California690 words

Opinion

Opinion

61 F.3d 913 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. John DOE, a Juvenile, Defendant-Appellant. No. 94-10414. United States Court of Appeals, Ninth Circuit. Argued and Submitted July 10, 1995. Decided July 26, 1995. 1 Before: CANBY and FERNANDEZ, Circuit Judges, and FITZGERALD, * District Judge. 2 MEMORANDUM ** 3 John Doe, a juvenile, appeals the district court's grant of the government's motion to dismiss the information against him pursuant to Fed.R. of Crim.P. 48(a). The government brought the motion after the district court had denied its motion to transfer Doe for adult prosecution. Doe contends that the government brought the dismissal motion in bad faith and that it was, therefore, an abuse of discretion for the district court to grant it. We affirm. 4 A defendant who attempts to overturn a district court's grant of a motion by the government to dismiss a prosecution bears a heavy burden. It is presumed that…

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