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UNITED STATES v. MAESTAS

Crim. No. 74-228.

387 F.Supp. 964 (1974)

The UNITED STATES of America, Plaintiff, v. Richard J. MAESTAS et al., Defendants.

United States District Court, D. New Mexico.

October 21, 1974.

Attorney(s) appearing for the Case

William W. Deaton, Federal Public Defender, Albuquerque, N. M., for Richard J. Maestas.

Larry Lamb, Lamb, Metzgar, Franklin & Lines, Albuquerque, N. M., for Frankie Chavez.

William H. Carpenter, Albuquerque, N. M., for Sam Floyd Victorino, Jr.

Richard J. Smith, Asst. U. S. Atty., Albuquerque, N. M., for United States.

ORDER

MECHEM, District Judge.

On September 7, 1974, Public Law 93-415 became effective. Title V amends the former Juvenile Delinquency Act at 18 U.S.C. § 5031 et seq. The question presented here is whether the new Act applies to the pending prosecution against defendant Chavez.

Chavez, age 14, was indicted on August 2, 1974, and charged with rape and murder. These charges precluded his being treated as a juvenile under the former § 5031...

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