United States v. Jerome T. Bland

WILKEY, Circuit Judge:

The United States as statutory appellant seeks review of a memorandum opinion and order of the United States District Court for the District of Columbia, holding 16 D.C.Code § 2301(3) (A) unconstitutional as (1) an arbitrary legislative classification and (2) a negation of the presumption of innocence.1 Section 2301(3)(A) provides:

The term “child” means an individual who is under 18 years of age, except that the term “child” does not include an individual who is sixteen years of age or older and—

(A) charged by the United States Attorney with (i) murder, forcible rape,…