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U.S. v. DOE

No. 02-10170.

366 F.3d 1069 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. John DOE, a juvenile, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Withdrawn from Submission December 30, 2003.

Resubmitted March 12, 2004.

Filed May 11, 2004.

Attorney(s) appearing for the Case

Rubin Salter, Jr., Tucson, Arizona, for the defendant/appellant.

Richard Gordon, Assistant United States Attorney, Tucson, Arizona, for the plaintiff/appellee.

Before: SCHROEDER, Chief Judge, CANBY, REINHARDT, TROTT, T.G. NELSON, HAWKINS, THOMAS, W. FLETCHER, BERZON, TALLMAN, and RAWLINSON, Circuit Judges.

CANBY, Senior Circuit Judge.

This is an appeal from a judgment of juvenile delinquency under the Federal Juvenile Delinquency Act, 18 U.S.C. §§ 5031-5042. The primary question for decision is whether the district court should have dismissed the information for violation of the special speedy trial provision of the Delinquency Act, 18 U.S.C. § 5036. The answer depends on the date on which the 30-day clock of § 5036 began to run. We join our sister...

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