United States Fourth Circuit

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US v. Under Seal, 15-4265

In a criminal action, arising from an alleged gang-related murder, the district court's denial of the government's motion to transfer defendant for prosecution as an adult under 18 U.S.C. section 5032 is affirmed where the defendant cannot be prosecuted for murder in aid of racketeering in violation of 18 U.S.C. section 1959(a)(1) because that offense is punishable by either death or life imprisonment, and juveniles cannot be sentenced to either punishment under Roper v. Simmons, 543 U.S. 551 (2005) and Miller v. Alabama, 132 S. Ct. 2455 (2012) respectively.

Appellate Information

  • Decided
  • Published 2016/03/30

Judges

  • AGEE

Court

  • United States Fourth Circuit

Counsel

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