United States v. Gerald N., Juvenile

Appellant Gerald N. was charged as a juvenile with one count of assault with intent to commit rape and one count of assault with a deadly weapon with intent to do bodily harm. Appellant pleaded not guilty to both counts and a trial date was set. The government then filed a motion to proceed against a juvenile as an adult, as provided for in 18 U.S.C. § 5032 (Supp. V 1987). The district judge granted the government’s motion and this interlocutory appeal followed.

Before proceeding to the merits we must consider whether orders transferring juveniles for adult prosecution are immediately…