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U.S. v. SMITH

No. 87-5683.

851 F.2d 706 (1988)

UNITED STATES of America, Plaintiff-Appellee, v. Carlton J. SMITH, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided July 12, 1988.

Attorney(s) appearing for the Case

Richard Luby Cannon, III, Greenville, N.C., for defendant-appellant.

John Stuart Bruce, Asst. U.S. Atty. (J. Douglas McCullough, Acting U.S. Atty., Matthew F. Bogdanos, Sp. Asst. U.S. Atty., Raleigh, N.C., on brief), for plaintiff-appellee.

Before WINTER, Chief Judge, CHAPMAN, Circuit Judge, and SPENCER, United States District Judge for the Eastern District of Virginia, sitting by designation.

HARRISON L. WINTER, Chief Judge:

In a prior appeal, United States v. Juvenile Male, 819 F.2d 468 (4 Cir.1987), we held that defendant, who allegedly confessed to having murdered three of his relatives in 1981 when he was fifteen years old, but who was not apprehended and charged with the crime by juvenile information until 1986 when he was twenty, could not be prosecuted as an adult under the transfer provision of 18 U.S.C...

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