United States v. Alberto R.

MEMORANDUM *

Alberto R., a juvenile, was found delinquent on two counts of aiding and abetting the transportation of an illegal alien.

I. Speedy Trial Claim

The government is entitled to a reasonable period to “investigate whether [a] case is appropriate” for juvenile certification. United States v. Eric B., 86 F.3d 869, 874 (9th Cir.1996). Because at the time of his arrest Alberto R. materially misrepresented his age, and because he first presented testimony and certified documentation as to his true age on August 30, 2002, we find it reasonable to allow the government a week to investigate Alberto R.’s true age. The speedy trial clock, therefore, began to run no earner than September 6, 2002, when the Attorney General, “in the exercise of reasonable diligence, could have certified” that Alberto R. was a juvenile suitable for delinquency proceedings. United States v. Doe, 324 F.3d 1057, 1060 (9th Cir.2003) (quoting United States v. Andy, 549 F.2d 1281, 1283 (9th Cir.1977)).

Because October 6, 2002, was a Sunday, in order to satisfy the thirty-day limit of 18 U.S.C. § 5036 , it was necessary that the trial begin, absent tolling, on October 7. Trial actually began on October…