United States v. Juvenile Male

MEMORANDUM **

Juvenile Male appeals the order of the district court dismissing his motion to reopen his transfer hearing. We have jurisdiction under 28 U.S.C. § 1291 , and affirm.

At the outset, we decline the government’s invitation to apply the law of the case doctrine. Although we upheld the district court’s original ruling in Juvenile Male’s previous appeal, that decision was based on the record as it then existed. This appeal raises new and different issues that could not have been raised before.

Juvenile Male argues that the district court abused its discretion in denying his motion to reopen for a number of reasons, all of which turn on whether the court could determine, after excising Hunt’s testimony, that transfer under 18 U.S.C. § 5032 was nevertheless warranted given the remaining evidence. We find that the court acted within its discretion. The same judge who ruled on the government’s original request to transfer heard and ruled on Juvenile Male’s motion to reopen. Cf. Mesarosh v. United States, 352 U.S. 1, 12-14 , 77 S.Ct. 1 , 1 L.Ed.2d 1 (1956) (granting new trial where it would be impossible to bring the question before the same jury). Although in form the court…