United States v. F.S.J., a Juvenile

18 U.S.C. § 5032 sets forth a certification requirement to be followed when the federal government undertakes to prosecute a juvenile in federal court. The Attorney General (or by delegation pursuant to regulation, the United States Attorney) must certify, among other things, “that there is a substantial Federal interest in the case or the offense to warrant .the exercise of Federal jurisdiction.” The issue in this appeal is whether the prosecutor’s certification is subject to judicial review. Today we join eight other circuits in holding that it is not. The determination of whether a juvenile case involves a sufficiently substantial federal interest to warrant federal prosecution is a matter of prosecutorial discretion not generally subject to judicial review. The district court’s denial of the juvenile’s motion to dismiss and its adjudication of his delinquency are affirmed.

Background

■ Between January and October 1999, the FBI and Anchorage Police Department investigated crack and firearm trafficking by FSJ, his older brother, also a juvenile, and Timothy Moore, who turned eighteen during the investigation. The three sold crack and firearms from the house where FSJ, his…