March 28, 2017
from the United States District Court for the Southern
District of Indiana, Indianapolis Division. No. l:15-mj-748 -
William T. Lawrence, Judge.
Flaum, Kanne, and Hamilton, Circuit Judges.
juveniles-including M.G., who is the defendant-appellant
here-and one adult allegedly robbed an Indianapolis CVS
pharmacy at gunpoint on October 14, 2015. They were charged
with Hobbs Act Robbery, 18 U.S.C. § 1951(a), and
possession of a firearm during that robbery, 18 U.S.C. §
924(c). The government sought to transfer the
juveniles' cases for adult prosecution. See 18
U.S.C. § 5032.
18 U.S.C. § 5032, a juvenile's case can be
transferred for adult prosecution if certain steps are
followed. See United States v. Jarrett, 133 F.3d
519, 535-36 (7th Cir. 1998). One of those steps requires the
district court to conclude that the transfer would be
"in the interest of justice." 18 U.S.C. §
5032. To make that determination, the statute instructs the
court to make findings on the following factors:
1. the age and social background of the juvenile;
2. the nature of the alleged offense;
3. the extent and nature of the juvenile's prior
4. the juvenile's present intellectual development and
5. the nature of past treatment efforts and the
juvenile's response to such efforts;
6. the availability of programs designed to treat the
juvenile's behavioral problems.
18 U.S.C. § 5032 (numbering added).
government moved to have the juveniles examined by government
psychologists to gather information on four of these factors.
The juveniles objected to that motion, arguing that the
psychological examinations-which would be conducted without
their counsel present-would violate their Fifth and Sixth
Amendment rights. The magistrate judge granted the
government's motion and ordered the juveniles to submit
to psychological examinations, holding that the Fifth and
Sixth Amendments do not apply in this context. She further
ordered that "[t]he examinations may be conducted
without the presence of defense counsel" and that the