Hos

HOS was arrested and indicted for various offenses. He claimed that he was a juvenile when these offenses were committed. After taking evidence on this issue, the district judge held that HOS was a juvenile. This finding precluded the U.S. Attorney from proceeding against HOS as an adult, as a matter of right. It did not, however, preclude a proceeding against HOS as an adult if the district court could be persuaded that such a proceeding was in the interest of justice.

The day before the district judge made his finding that HOS was a juvenile, the U.S. Attorney filed a juvenile delinquency information and an application seeking permission of the district court to transfer the proceedings against HOS to an adult criminal prosecution. This application was granted, although it was later reversed on appeal and remanded with directions to the district court to make specific findings on the record with respect to all of the factors set out in 18 U.S.C. § 5032 that are relevant to the “interest of justice” determination. United States v. Juvenile Male, 316 Fed.Appx. 535, 536 (9th Cir.2008). The remand also allowed for “supplementation of the record as necessary.” Id.

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