Juvenile

United States v. Juvenile

Good Law
197 F. App'x 545
United States Court of Appeals for the Ninth CircuitAugust 7, 2006No. 06-30061California373 words

Opinion

Lead Opinion

MEMORANDUM *

J.C.D., a juvenile, appeals from the district court’s order granting the government’s motion to transfer him for prosecution as an adult pursuant to the Federal Juvenile Delinquency Act. See 18 U.S.C. § 5032 . This is a “final decision” appeal-able under the collateral order doctrine. See United States v. Gerald N., 900 F.2d 189, 190 (9th Cir.1990). We accordingly have jurisdiction pursuant to 28 U.S.C. § 1291 . We vacate the order and remand for reconsideration.

A juvenile aged 15 or older who is alleged to have committed an act that, if committed by an adult, would be a felony crime of violence may be transferred to face trial as an adult if the district court determines that it would be “in the interest of justice” to do so. 18 U.S.C. § 5032 . The district court is required to consider several factors in making the determination:

Id. “A decision to transfer a juvenile to adult status is a prediction of the possibility of rehabilitation if in fact the juvenile is found guilty of the crime alleged.” United States v. Alexander, 695 F.2d 398, 401 (9th Cir.1982). “The statute clearly intends a presumption of juvenile treatment, and the government bears the burden of…

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