United States Ninth Circuit

A district court may, consistent with due process, assume a juvenile's guilt of the crime charged for purposes of a motion to transfer a juvenile to adult status pursuant to 18 U.S.C. section 5032 for criminal prosecution. However, a district court that assumes the guilt of an accused juvenile may not expand that assumption beyond the offense or offenses charged in the information, and the authority of a district court to assume the guilt of the accused juvenile is permissive, not mandatory.

Appellate Information

• Argued 05/04/2006
• Decided 06/22/2006
• Published 06/22/2006

Judges

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

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Palmer A. Hoovestal, Helena, MT, for the appellant.


• For Appellees:
  
• Lori Harper Suek, Office of the U.S. Attorney, Billings, MT, for the appellee.