U.S. v. DAVID A.

No. 04-2284.

436 F.3d 1201 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. DAVID A., a juvenile, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

February 3, 2006.


Attorney(s) appearing for the Case

James E. Bierly, Albuquerque, NM, for Defendant-Appellant, NM, for Defendant-Appellant, David A.

Terri J. Abernathy, Assistant United States Attorney (David C. Iglesias, United States Attorney, with her on the brief), Las Cruces, NM, for Plaintiff-Appellee, United States of America.

Before EBEL, HENRY and McCONNELL, Circuit Judges.


EBEL, Circuit Judge.

The Federal Juvenile Delinquency Act ("FJDA"), 18 U.S.C. §§ 5031-5042, requires that a juvenile who has been charged with a crime occurring after his sixteenth birthday and who "has previously been found guilty of an act which if committed by an adult" would fall within a specific category of offenses, must be transferred to the district court to be tried as an adult. 18 U.S.C. § 5032. In this appeal, we consider the proper...

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