U.S. v. Juvenile MLA, 98-1043
| Decision Date | 07 October 1998 |
| Docket Number | No. 98-1043,98-1043 |
| Parties | UNITED STATES of America, Appellee, v. JUVENILE MLA, Appellant. |
| Court | U.S. Court of Appeals — Eighth Circuit |
Raymond R. DeGeest, Rapid City, SD, argued, for Appellant.
Ted L. McBride, Asst. U.S. Atty., Rapid City, SD, for Appellee.
Before McMILLIAN, RICHARD S. ARNOLD, and MORRIS SHEPPARD ARNOLD, Circuit Judges.
Juvenile MLA appeals from the District Court's 1 order transferring him for criminal prosecution as an adult. We affirm.
The government charged MLA with aggravated sexual abuse, in violation of 18 U.S.C. §§ 2241(a) and 1153, and sexual abuse, in violation of 18 U.S.C. §§ 2242 and 1153. The government then filed a motion under 18 U.S.C. § 5032 to transfer this case to the District Court for proceedings against MLA as an adult. At a hearing on the motion, the government presented evidence that after an intoxicated and unconscious woman was carried into MLA's house, MLA removed her clothing and had sexual intercourse with her; another person had sex with the victim; and MLA had sex with her again, at which time she woke up. The victim went to the hospital, and the attending physician's report indicated that the victim's vagina was bleeding very heavily, that her blood count was low, and that an immediate operation was necessary. The physician further indicated that there might be permanent damage to her reproductive organs, and that in his fifty years of practice, he had seen lacerations this severe only "in a patient in whom a tire iron was used." The government also submitted evidence of MLA's background, juvenile record, and treatment history.
As required by Section 5032, the District Court made findings on specified factors. The Court found that the offense was committed sixteen days before MLA's sixteenth birthday, and that MLA received little parental guidance and had a history of familial dysfunction. Referring to the offense as "particularly heinous," the Court found that MLA committed two acts of sexual intercourse and that the victim was assaulted and extensively injured. The Court further found that MLA had been first arrested at age ten and had been arrested for several other offenses since that time; that there was evidence of borderline intellectual functioning and psychological immaturity; and that MLA had had difficulties in prior treatment programs, and had exhausted many of the available programs...
To continue reading
Request your trial
-
U.S. v. C.P.A.
...a failure. Such failures of prior treatment efforts as a juvenile weigh in favor of a transfer to adult status. United States v. Juvenile MLA, 157 F.3d 616, 617 (8th Cir.1998). The following is a summary of the drug/alcohol treatment programs that C.P.A. has participated in to...
-
USA v. I.L.
...position to gauge whether the juvenile's transfer would be in the interest of justice. See, e.g., United States v. Juvenile MLA, 157 F.3d 616, 617 (8th Cir.1998) (reviewing for an abuse of discretion and examining underlying factual findings for clear error). Because I.L. abandons her argum......
-
U.S. v. Slw, 04-2715.
...for adult criminal prosecution for abuse of discretion and its underlying factual findings for clear error. United States v. Juvenile MLA, 157 F.3d 616, 617 (8th Cir.1998). "[A] juvenile may be transferred to a federal district court for criminal prosecution as an adult when the court deter......
-
United States v. Male
...for adult criminal prosecution for abuse of discretion and its underlying factual findings for clear error. United States v. Juvenile MLA, 157 F.3d 616, 617 (8th Cir. 1998). A federal district court may grant a discretionary transfer of a juvenile when the court determines that the "transfe......