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U.S. v. ANTHONY

No. 98-2028.

172 F.3d 1249 (1999)

UNITED STATES of America, Plaintiff-Appellee, v. ANTHONY Y. (a juvenile), Defendant-Appellant,

United States Court of Appeals, Tenth Circuit.

April 13, 1999.

Attorney(s) appearing for the Case

Phillip P. Medrano, Assistant Federal Public Defender, Albuquerque, New Mexico, for Defendant-Appellant.

Louis E. Valencia, Assistant United States Attorney (John J. Kelly, United States Attorney, with him on the brief), Albuquerque, New Mexico, for Plaintiff-Appellee.

Before SEYMOUR, Chief Judge, BALDOCK and BRISCOE, Circuit Judges.

SEYMOUR, Chief Judge.

At issue in this interlocutory appeal is whether the district court acted within its discretion in transferring Anthony Y., a Navajo juvenile charged with murder, to adult status. Anthony Y. first asserts the government did not adequately establish the failure of past treatment efforts nor the absence of appropriate treatment centers. Second, he contends the district court erred by considering acts other than his adjudicated offenses when evaluating...

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