Legal Opinion

United States v. David A.

Court of Appeals for the Tenth Circuit

Decided February 3, 2006No. 04-2284PublishedCited by 9 opinions

1Opinion of the Court

EBEL, Circuit Judge.

The Federal Juvenile Delinquency Act (“FJDA”), 18 U.S.C. §§ 5031-5042, requires that a juvenile who has been charged with a crime occurring after his sixteenth birthday and who “has previously been found guilty of an act which if committed by an adult” would fall within a specific category of offenses, must be transferred to the district court to be tried as an adult. 18 U.S.C. § 5032. In this appeal, we consider the proper procedures applicable to such a mandatory transfer under § 5032. We conclude that 1) the Government’s filing a transfer motion tolls the juvenile’s…

2Cases cited32 opinions

  1. Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
  2. United States v. Alex Wong, Roger Kwok, Chen I. Chung, Tung Tran, Danny Ngo, Brian Chan, Joseph Wang, Chiang T. Cheng, and Steven NgCourt of Appeals for the Second Circuit · 1994
  3. United States v. James Scott Robinson, United States of America v. James Scott RobinsonCourt of Appeals for the Fourth Circuit · 2005
  4. United States v. Brian N. (A Juvenile Male), United States of America v. Craig J.B. (A Juvenile Male)Court of Appeals for the Tenth Circuit · 1990
  5. United States v. A.R., a Male Juvenile, A.R.Court of Appeals for the Third Circuit · 1994

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3Cited by9 opinions

  1. United States v. Under SealCourt of Appeals for the Fourth Circuit · 2017
  2. United States v. B.N.M.Court of Appeals for the Tenth Circuit · 2024
  3. United States v. DoeCourt of Appeals for the Tenth Circuit · 2023
  4. United States v. Y.A.District Court, District of Columbia · 2013
  5. United States v. C.P.A.District Court, D. North Dakota · 2008

4 more not listed; retrieve them via the Exa API.

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