In defendant-juvenile's appeal from a proceeding in which he was found to be a juvenile delinquent, the order is affirmed in part where: 1) the U.S. Attorney may certify to the absence of state court jurisdiction under 18 U.S.C. section 5032 if he learns that the appropriate state prosecutor has decided not to prosecute a particular juvenile for the specific crime at issue; and 2) there was no violation of the Juvenile Justice and Delinquency Prevention Act's speedy trial provision because defendant caused the delay in the start of his trial by lying about his age. However, the order is reversed in part where, because defendant was, as the district court ultimately determined, a juvenile at the time of his arrest, he was entitled to the protections of 18 U.S.C. section 5033.
Argued and Submitted August 9, 2007
Filed June 12, 2008
Vacated January 13, 2009
Reargued and Resubmitted April 30, 2009
Filed January 26, 2010
Leila W. Morgan and Kris J. Kraus, Deputy Federal Defenders, San Diego, CA
Christopher P. Tenorio, Assistant United States Attorney, San Diego, CA