United States v. Lkav, Juvenile Male

When the United States charges a juvenile with an act of juvenile delinquency under the Federal Juvenile Delinquency Act (the “FJDA”), 18 U.S.C. §§ 5031-42 , the district court must follow 18 U.S.C. § 5037 (e) if it commits the juvenile for a study of the juvenile’s competency to stand trial. Because the district court in this case instead committed LKAV under 18 U.S.C. § 4241 (d), we reverse.

FACTS AND PROCEDURAL HISTORY

Tribal authorities of the Tohono O’od-ham nation charged LKAV (age 17) with murder in May 2009. After being charged, he remained in tribal custody from 2009 until 2011. While in custody, he was found incompetent, but was not sent to a treatment facility for restoration to competency. In late 2011, the United States filed its own charge against LKAV and obtained a writ of habeas corpus to remove him from tribal custody. To obtain federal jurisdiction over LKAV, the United States filed a “Certification to Proceed Against Juvenile Pursuant to Title 18, United States Code, Section 5032 , as Amended.” The United States certified that LKAVs charge warranted federal jurisdiction and signaled the United States’ intent to proceed against LKAV as an alleged…