Legal Opinion
United States v. Under Seal
Court of Appeals for the Fourth Circuit
Decided March 30, 2016No. 15-4265PublishedCited by 21 opinions
1Opinion of the Court
Affirmed by published opinion. Judge AGEE wrote the opinion, in which Judge HARRIS and Judge CHUANG joined.
AGEE, Circuit Judge:
Pursuant to Í8 U.S.C. § 5032, the Government filed a motion to transfer the Defendant — who was a juvenile at the time of the alleged offense — for prosécution as an adult for murder in aid of racketeering, in violation of 18 U.S.C. § 1959(a)(1). 1 This crime carries á mandatory statutory penalty of either death or life imprisonment. The district court denied the Government’s motion after concluding that the prosecution would be unconstitutional given that recent…
2Cases cited31 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- United States v. BookerSupreme Court of the United States · 2004
- Miller v. AlabamaSupreme Court of the United States · 2012
- Roper v. SimmonsSupreme Court of the United States · 2005
- BMW of North America, Inc. v. GoreSupreme Court of the United States · 1996
26 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Am. Ass'n of Political Consultants, Inc. v. Fed. Commc'ns Comm'nCourt of Appeals for the Fourth Circuit · 2019
- United States v. Edward McCainCourt of Appeals for the Fourth Circuit · 2020
- State v. JamesSupreme Court of North Carolina · 2018
- State v. Williams-BeyConnecticut Appellate Court · 2016
- United States v. DoeCourt of Appeals for the Tenth Circuit · 2023
16 more not listed; retrieve them via the Exa API.