Monday, June 26, 2006

US v. Juvenile, No. 05-30410 (6-22-06). The issue is whether, in a juvenile transfer, whether a court must consider the juvenile guilty of the offense. The 9th reviews the purpose of the juvenile act, and determines that the transfer decision is with an eye toward whether the juvenile can be rehabilitated if he is found guilty. A court may indulge the assumption that a juvenile is guilty, but the court can only do so on the exact elements of the offense charged. Moreover, the assumption is discretionary and not mandatory. The case is remanded under this standard.

US v. Delamora, No. 05-50589 (6-22-06). SR is tolled from the time the defendnat absconds until he is found by federal authorities. The original SR revocation had an unsigned affidavit. Aater revocation was signed and proper under Vargas-Amaya. Here, the SR term is tolled when the defendant skips and absconds, and the new revocation is proper. The term must be revoked under the Anti-Drug Act, and the revocation is implied in the origal SR authorixation.


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