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U.S. v. JUVENILE

No. 05-30410.

451 F.3d 571 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. JUVENILE, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed June 22, 2006.

Attorney(s) appearing for the Case

Palmer A. Hoovestal, Helena, MT, for the appellant.

Lori Harper Suek, Office of the U.S. Attorney, Billings, MT, for the appellee.

Before: TASHIMA and W. FLETCHER, Circuit Judges, and POLLAK, District Judge.

POLLAK, District Judge:

This case requires us to decide whether, when deciding a motion to transfer a juvenile to adult status pursuant to 18 U.S.C. § 5032 for criminal prosecution, a district court must assume the juvenile defendant committed the crime with which he is charged. For the reasons that follow, we hold that the district court may indulge such an assumption but is not required to do so. If the district court chooses to assume guilt, it must confine...

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