UNITED STATES of America, Plaintiff-Appellee, v. John DOE, Defendant-Appellant. (Two Cases)

Two juvenile males, appellants Doe # 1 (“M.F.”) and Doe #2 (“I.S.”), were adjudicated juvenile delinquents for committing an act of sexual abuse against another minor. Appellants contend, inter alia, the district court erred in finding that the government had complied with the statutory requirements for properly filing a need certification under 18 U.S.C. § 5032 and 28 C.F.R. § 0.57 . We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we reverse on the issue of need certification.

I

On January 17, 1995, the government filed an information charging both M.F. and I.S. with an act of juvenile delinquency. 18 U.S.C. §§ 5032-5040 . They were both charged with the underlying crime of sexual abuse. 18 U.S.C. §§ 1153 , 2242(2)(B), and 2245(c)(1). That same day, the government also filed a need certification pursuant to 18 U.S.C. § 5032 , certifying that the proceedings should take place in federal rather than state court. The certification was made on behalf of the United States “by and through its attorneys, Janet Napolitano, United States Attorney for the District of Arizona, by Raquel Arellano, Assistant United States Attorney.” In addition, the certification was signed by the…