United States v. Phillip A.B.L.

MEMORANDUM *

Appellant Phillip A.B.L. (“ABL”), a juvenile, appeals from an order to transfer his case to adult status pursuant to the *688 mandatory transfer provisions of 18 U.S.C. § 5032 . ABL argues that because he was previously adjudicated delinquent by a judge rather than a jury, his prior delinquency adjudication did not constitute a “finding of guilt” within the meaning of § 5032 and therefore cannot serve as the basis for the mandatory transfer of his case to adult status under § 5032. We have jurisdiction pursuant to 28 U.S.C. § 1291 and we affirm.

I.

On March 31, 2003, the United States filed a two-count Information alleging that ABL had committed an act of juvenile delinquency on June 24, 2001, by engaging in conduct that would have constituted aggravated sexual assault, pursuant to 18 U.S.C. § 2241 (a), if committed by an adult, and kidnapping, pursuant to 18 U.S.C. § 1201 (a)(2), if committed by an adult.

Soon after, the government filed a motion to transfer the case to district court pursuant to § 5032. 1 In granting the government’s motion, the district court found that the case had been properly commenced as a juvenile proceeding; that the act charged in the…