United States v. Juvenile Male
Opinion
Opinion
Tashima, J.
Appellant J.R. appeals the district court’s order granting the government’s motion to transfer him to adult status. He contends that the district court lacked jurisdiction because it never received his juvenile records before ordering the transfer, as required by 18 U.S.C. § 5032 . He also challenges the court’s consideration of arrests that did not result in convictions as part of his prior delinquency record. We have jurisdiction pursuant to 28 U.S.C. § 1291 . United States v. Gerald N., 900 F.2d 189, 191 (9th Cir.1990). We reverse and remand.
BACKGROUND
On June 17, 2001, J.R. was arrested for assaulting tribal police officers with a deadly weapon during a traffic stop. He was one of four passengers in a car that was pulled over by tribal officers on the Salt River Pima-Maricopa Indian Reservation. When the officers were approaching the car for a second time after checking the passengers’ identification, one officer noticed that J.R.’s hand was hidden from view and ordered him to “show his hands.” J.R. pointed a gun out the window and fired on the officers. There appears to be some dispute over the number of shots fired.