United States Ninth Circuit

In a conviction of a defendant for various crimes, district court's order revoking its prior determination that defendant was a juvenile based on a birth certificate the U.S. Attorney had obtained from the Mexican government that indicated that defendant was twenty-three years old at the time of the charged offenses, and an order that the defendant be tried as an adult are affirmed where: 1) under US v. Gerald, jurisdiction exists to entertain an interlocutory appeal from an order transferring a juvenile for prosecution as an adult in the interest of justice; and 2) the district court did not abuse its discretion in finding that defendant was an adult.

Appellate Information

• Decided 09/28/2012
• Published 09/28/2012

Judges

• Korman

Court

• United States Ninth Circuit

Counsel