In Re: Sealed Case

I concur in the majority’s opinion insofar as it upholds the district court’s “transfer” of the defendant for prosecution as an adult. The balance of the opinion deals with the appeal from the district court’s order regarding the United States Attorney’s certification of a “substantial Federal interest,” 18 U.S.C. § 5032. I cannot join this part because, in my view, we do not have appellate jurisdiction to decide the matter: the order is not a final decision; it does not fall within the collateral order doctrine; we do not have pendent jurisdiction over it; and certification is not a…