United States v. Juvenile Male

HARRISON L. WINTER, Chief Judge:

The question presented is whether retroactive application of a recent amendment to the Juvenile Delinquency Act, 18 U.S.C. § 5032 (Supp. II 1984), violates the ex post facto clause, U.S. Const, art. I, § 9, cl. 3. The amendment provides that individuals who commit certain crimes at age fifteen may be prosecuted as adults and thus may face sentences harsher than those imposed on juveniles. The district court held that the amendment could be applied retroactively because it was merely a procedural change in the law. We reverse.

I

Defendant is charged with the…