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U.S. v. M.C.E.

Nos. 99-30362, 99-30384.

232 F.3d 1252 (2000)

UNITED STATES of America, Plaintiff-Appellee-Cross-Appellant, v. M.C.E., juvenile male, Defendant-Appellant-Cross-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed November 3, 2000.

Attorney(s) appearing for the Case

Robert H. Gombiner, Federal Public Defender, Tacoma, Washington, for the defendant-appellant/cross-appellee.

Robert Westinghouse, Assistant United States Attorney (argued), Leonie G.H. Grant, Assistant United States Attorney, Seattle, Washington, for the plaintiff-appellee/cross-appellant.

Before: Alfred T. GOODWIN, Arthur L. ALARCON, M. Margaret McKEOWN, Circuit Judges.

Argued and Submitted October 2, 2000 — Seattle, Washington.

McKEOWN, Circuit Judge:

We must decide whether residential burglary is a crime of violence that serves to trigger mandatory transfer to adult status under the federal juvenile crime statute, 18 U.S.C. § 5032. More specifically, we must determine whether "by its very nature [residential burglary] involves a substantial risk that physical force against the person of another may be used in...

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