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U.S. v. HOS

No. 11-10115.

696 F.3d 869 (2012)

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

United States Court of Appeals, Ninth Circuit.

Filed September 28, 2012.

Attorney(s) appearing for the Case

Benjamin B. Wagner , United States Attorney, and Karen A. Escobar , Assistant United States Attorney, Fresno, CA, for the plaintiff-appellee.

Edgar Eugene Page , Page & Page Attorneys at Law, Sacramento, CA, for the defendant-appellant.

Before: ALEX KOZINSKI, Chief Judge and CONSUELO M. CALLAHAN, Circuit Judge, and EDWARD R. KORMAN, Senior District Judge.

OPINION

KORMAN, District Judge:

HOS was arrested and indicted for various offenses. He claimed that he was a juvenile when these offenses were committed. After taking evidence on this issue, the district judge held that HOS was a juvenile. This finding precluded the U.S. Attorney from proceeding against HOS as an adult, as a matter of right. It did not, however, preclude a proceeding against HOS as an adult if the district court could be persuaded that such...

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