United States v. Jj, Juvenile Male

Good Law
704 F.3d 1219·2013 WL 116360·90 Fed. R. Serv. 506·2013 U.S. App. LEXIS 522
United States Court of Appeals for the Ninth CircuitJanuary 9, 201312-30206California2,158 words

Opinion

Opinion

Gould, J.

Defendant J.J., a juvenile male, is charged with second-degree murder and using a firearm during a crime of violence. He appeals the district court’s order granting the government’s motion to transfer juvenile proceedings for adult prosecution under 18 U.S.C. § 5032 . Because the district court did not abuse its discretion and did not violate Defendant’s due-process rights, we affirm.

I

Defendant is charged with second-degree murder in violation of 18 U.S.C. §§ 1111 , 1153, and 5032 and using a firearm during a crime of violence in violation of 18 U.S.C. §§ 924 (c) and 5032. Defendant was seventeen years old at the time of the alleged offenses. The government filed a motion to transfer under 18 U.S.C. § 5032 and a motion to compel a psychological exam. Defendant opposed both motions. The district court held an evi-dentiary hearing on the transfer motion.

At the hearing, the investigating police detective testified that Defendant was calm and unemotional during most of the detective’s interactions with him and that Defendant appeared to track conversations and understand questions. The detective also testified that he has interacted with “a lot” of people in their late…

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