United States v. Juvenile Male
United States v. Juvenile Male
Opinion
Juvenile Male A.M. appeals the district court's
1
order transferring him for criminal prosecution as an adult under
The government filed a six-count juvenile information against A.M. on February 2, 2017. The information charged A.M. with: (1) one count of carjacking in violation of
The government filed a contemporaneous motion to transfer A.M. for criminal prosecution as an adult under
A district court may assume the truth of the alleged offenses for purposes of a transfer hearing.
United States v. Juvenile LWO
,
A.M. and Travion Brown approached a vehicle in downtown St. Louis on November 20, 2016. Brown pulled out a gun and ordered the driver to exit the vehicle. The driver complied. A.M. and Brown got into the vehicle and drove away.
On November 22, 2016, A.M., Brown, and a third individual approached another vehicle that was stopped at a stoplight. A.M. tapped on the driver's window with a gun. The traffic light turned green and the driver was able to drive away. Minutes later, A.M., Brown, and the third individual came upon a vehicle stopped in traffic. Brown approached the vehicle, while the others remained on the sidewalk. Brown shot the driver in the head as he started to drive away.
We review the grant of a motion for transfer for adult criminal prosecution for abuse of discretion and its underlying factual findings for clear error.
United States v. Juvenile MLA
,
A federal district court may grant a discretionary transfer of a juvenile when the court determines that the "transfer
would be in the interest of justice."
United States v. Juvenile JG
,
A.M. argues that the district court failed to adequately consider or appropriately weigh the § 5032 factors. Specifically, he contends that the district court failed to consider his social background and his likelihood of rehabilitation-that he was a good student from a stable home who planned on attending college and who would respond well to treatment. He also argues that the district court gave too little weight to the fact that his conduct was less severe than other juveniles who have been transferred for adult prosecution, and too much weight to the fact that he was mere months away from being considered an adult.
We find no abuse of discretion in the district court's decision to transfer. The court made specific findings with respect to each statutory factor. It found that A.M.'s age, the nature of the offenses, his role in the offenses, and his intellect and maturity weighed in favor of transfer. It considered A.M.'s assertions of his upstanding social background, but found that there was no evidence to support those assertions and that photos of A.M. flashing gang symbols and handling firearms undercut them. The district court further found that there was no evidence to indicate whether A.M. would be responsive to treatment because he had not previously been treated. It also considered the fact that because A.M. was now eighteen there were no longer juvenile programs designed to treat his behavioral needs. Additionally, the district court rightfully rejected A.M.'s contention that his conduct was not severe enough to warrant transfer. In light of the serious and violent nature of the offense conduct, as well as A.M.'s full participation "in the first and second incidents of the crime spree" and his presence at the third incident, which "increased the level of threat and seriousness of the crime," the court did not err in finding that this conduct weighed in favor of transfer.
See
United States v. Sealed Appellant 1
,
The district court was not required to afford equal weight to each factor, and we find no abuse of discretion in its decision to weigh the factors as it did.
SLW
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A.M. further argues that the district court violated his Fifth Amendment right to due process when it overruled the magistrate judge's report and recommendation without conducting its own evidentiary hearing. We disagree. The district court accepted the magistrate judge's credibility findings and independently weighed the statutory factors, and thus it was not required to hold an evidentiary hearing.
See
United States v. Raddatz
,
The judgment is affirmed.
The Honorable Audrey G. Fleissig, United States District Judge for the Eastern District of Missouri, adopting in part the report and recommendation of the Honorable Nannette A. Baker, United States Magistrate Judge for the Eastern District of Missouri.
Reference
- Full Case Name
- UNITED STATES of America, Plaintiff-Appellee v. JUVENILE MALE, Defendant-Appellant
- Cited By
- 2 cases
- Status
- Published