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United States v. Sealed Defendant Juvenile Male (4)

United States Court of Appeals, Seventh Circuit

May 2, 2017

United States of America, Plaintiff-Appellee,
v.
Sealed Defendant Juvenile Male (4), Defendant-Appellant.

          Argued March 28, 2017

         Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. No. l:15-mj-748 - William T. Lawrence, Judge.

          Before Flaum, Kanne, and Hamilton, Circuit Judges.

          Kanne, Circuit Judge.

         Three 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).[1] The government sought to transfer the juveniles' cases for adult prosecution. See 18 U.S.C. § 5032.

         Under 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 delinquency record;
4. the juvenile's present intellectual development and psychological maturity;
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).

         The 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 psychologists ...


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