United States v. Tommy Cuomo

WISDOM, Circuit Judge:

The novel questions this appeal presents concern the manner in which the federal government is required to prosecute a case against a juvenile under the Juvenile Justice and Delinquency Prevention Act of 1974, 18 U.S.C. §§ 5031-42.

I

THE FACTS

Tommy Cuomo, the defendant-appellant, with three other juveniles, was arrested on September 24, 1974, for allegedly participating in a robbery of $6000 from the First National Bank in Fabens, Texas. The juveniles ranged in age from sixteen to ten; Cuomo was thirteen. The United States magistrate issued the arrest warrant on a…