Doe

This interlocutory appeal involves an order granting the motion of the United States to proceed against a juvenile as an adult. The United States cross-appeals the district court’s order to suppress certain incriminating statements made by the juvenile. We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3731 . We affirm the district court’s order granting the motion to proceed against the juvenile as an adult and reverse the district court’s order to suppress the statements made by the juvenile.

*628 I

The events at issue took place on the night of April 26, 1991. The government alleges that Doe, who was age 17 at that time, and another juvenile participated in the stabbings of five victims. The stabbings resulted in two deaths. Navajo Tribal Police arrested Doe and the other juvenile about one a.m. and took them to the Chinle, Arizona tribal police station. At about five a.m., Doe was questioned by an FBI agent who had been requested by tribal police to aid with the investigation of the stabbings. Doe, who had been given Miranda warnings, waived his rights and spoke with the FBI agent. Doe made statements at that time that are the subject of the government’s…

concurring in part and dissenting in part:

I join in the portion of the majority opinion affirming the District Court’s decision to grant the government’s motion to proceed against Doe as an adult. I dissent from the reversal of the District Court’s order suppressing the statements made by Doe shortly after his arrest.

The District Court ordered the suppression of Doe’s statements after concluding “on the entire record that [Doe’s] waiver was [not a] knowing and intelligent and voluntary relinquishment of the known right.” The voluntariness of a waiver of rights is reviewed de novo. United States v. Bautista-Avila, 6 F.3d 1360, 1364 (9th Cir.1993). Whether the waiver was knowing and intelligent is reviewed for clear error. Id. While the matter is reviewed de novo, the District Court was in the best position to assess the testimony regarding the circumstances surrounding Doe’s statements, and the District ' Court’s determination should not be lightly set aside.

I

The majority reverses the District Court’s suppression order on the ground that the court’s decision rested entirely on an erroneous interpretation of 18 U.S.C. § 5033 . Contrary to the majority’s reading of the…