Legal Opinion

United States v. Wellington

Court of Appeals for the Eleventh Circuit

Decided December 31, 1996No. 95-4525PublishedCited by 15 opinions

1Opinion of the Court

HANCOCK, Senior District Judge:

Rudolph Wellington appeals the district court’s order transferring him for prosecution as an adult, pursuant to 18 U.S.C. § 5032. On appeal, Wellington asserts that the district court lacked jurisdiction to consider thé motion to transfer, due to the government’s failure to file a proper certification, as required by § 5032. Additionally, Wellington argues that the Magistrate Judge’s findings, adopted by the district court, are legally inadequate and clearly erroneous. We conclude that the district court had jurisdiction to consider the § 5032 motion and that by…

2Cases cited19 opinions

  1. Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
  2. United States v. BakerCourt of Appeals for the Ninth Circuit · 1993
  3. 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
  4. United States v. A.R., a Male Juvenile, A.R.Court of Appeals for the Third Circuit · 1994
  5. United States v. WelchCourt of Appeals for the First Circuit · 1993

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3Cited by15 opinions

  1. UNITED STATES of America, Plaintiff-Appellee, v. John DOE, a Juvenile Male, Defendant-AppellantCourt of Appeals for the Ninth Circuit · 1999
  2. Impounded (Juvenile R.G., Appellant)Court of Appeals for the Third Circuit · 1997
  3. United States v. SmithCourt of Appeals for the First Circuit · 1999
  4. United States v. Terry L. WilsonCourt of Appeals for the Seventh Circuit · 1998
  5. United States v. Male Juvenile E.L.C.Court of Appeals for the First Circuit · 2005

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