Male

United States v. Male

Good Law
228 F. App'x 641
United States Court of Appeals for the Ninth CircuitNovember 27, 2006No. 06-10068California501 words

Opinion

Lead Opinion

*642 MEMORANDUM ***

Defendant, a juvenile, appeals the district court’s order granting the government’s motion to proceed against Defendant as an adult pursuant to 18 U.S.C. § 5032 . We affirm. Because the parties are familiar with the facts and procedural history, we do not recount them here.

We have jurisdiction to hear an interlocutory appeal from a district court order granting a government motion to proceed against a juvenile as an adult. United States v. Gerald N., 900 F.2d 189, 191 (9th Cir.1990) (holding that an appeal of an order to transfer meets the Supreme Court’s collateral order exception, permitting interlocutory review because (1) it completely disposes of the issue in question, (2) it is totally unrelated to the merits of the case, and (3) the right asserted would be irreparably lost if the appeal were delayed until after final judgment).

We review the district court’s decision to transfer a juvenile to be prosecuted as an adult for abuse of discretion. United States v. Brandon P., 387 F.3d 969, 976 (9th Cir.2004). “The district court abuses its discretion when it fails to make the required ... findings or where the findings it does make are clearly erroneous.”…

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