United States v. Brandon P., Juvenile Male

I. Introduction

Defendant B.P., a juvenile at the time he allegedly participated in the rape and murder of a woman, challenges the district court’s denial of his motion to dismiss for violation of his speedy trial rights and the district court’s order transferring his case for adult prosecution.

II. Factual Background

B.P. is accused of participating in the brutal rape and murder of a woman on the Navajo Indian Reservation. He was arrested on August 22, 2002, by an FBI agent and Navajo Police. B.P. remained in Navajo tribal custody until March 2003. A juvenile information was filed against B.P. in federal district court on March 7, 2003, alleging various crimes, including first-degree murder, kidnaping and aggravated sexual abuse. On March 10, 2003, B.P. was transferred to federal custody.

The government filed a motion to transfer the case for adult prosecution on March 21, 2003. A month later, B.P. filed a motion to dismiss for violation of the speedy trial provision of the Juvenile Delinquency Act, 18 U.S.C. § 5036 . The district court denied the motion to dismiss and granted the motion to transfer. This appeal followed.

III. Discussion

1. Speedy Trial Claim

Before…