Legal Opinion
United States v. Juvenile
Court of Appeals for the Ninth Circuit
Decided June 22, 2006No. 05-30410PublishedCited by 10 opinions
1Opinion of the Court
POLLAK, District Judge:
This case requires us to decide whether, when deciding a motion to transfer a juvenile to adult status pursuant to 18 U.S.C. § 5032 for criminal prosecution, a district court must assume the juvenile defendant committed the crime with which he is charged. For the reasons that follow, we hold that the district court may indulge such an assumption but is not required to do so. If the district court chooses to assume guilt, it must confine the assumption to the elements of the offense charged.
I. Factual and Procedural History
The juvenile appellant in this case, to whom we…
2Cases cited15 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- Koon v. United StatesSupreme Court of the United States · 1996
- United States v. A.R., a Male Juvenile, A.R.Court of Appeals for the Third Circuit · 1994
- United States v. WelchCourt of Appeals for the First Circuit · 1993
- United States v. John DoeCourt of Appeals for the Fifth Circuit · 1989
10 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- United States v. Juvenile MaleCourt of Appeals for the Fourth Circuit · 2009
- United States v. Juvenile MaleCourt of Appeals for the Ninth Circuit · 2007
- United States v. JamesCourt of Appeals for the Ninth Circuit · 2009
- United States v. Juvenile MaleCourt of Appeals for the Ninth Circuit · 2007
- United States v. Juvenile MaleCourt of Appeals for the Ninth Circuit · 2006
5 more not listed; retrieve them via the Exa API.