of Issuance 7/5/2017
FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF
PUERTO RICO [Hon. Pedro A. Delgado-Hernández, U.S.
Víctor J. González-Bothwell, Assistant Federal
Public Defender, with whom Eric A. Vos, Federal Public
Defender, Vivianne M. Marrero-Torres, Assistant Federal
Public Defender, Supervisor, Appeals Section, and Patricia A.
Garrity, Research and Writing Specialist, were on brief, for
F. Klumper, Assistant United States Attorney, Senior
Appellate Counsel, with whom Rosa Emilia
Rodríguez-Vélez, United States Attorney, and
Mariana E. Bauzá-Almonte, Assistant United States
Attorney, Chief, Appellate Division, were on brief, for
Torruella, Lipez, and Barron, Circuit Judges.
BARRON, Circuit Judge.
Juveniles may be tried criminally as adults in federal court
if the government moves for the juvenile defendant to be
tried as an adult and a federal district court finds that,
given the requirements set out in 18 U.S.C. § 5032, it
would be appropriate to do so. This case arises from an armed
carjacking allegedly committed by J.C.D. in November 2014,
when he was seventeen years old. The issue that we must
decide concerns whether the District Court erred in granting
the government's motion for J.C.D. to be tried as an
adult for that armed carjacking. We affirm.
November 10, 2014, J.C.D. was charged in the United States
District Court for the District of Puerto Rico with one count
of carjacking, in violation of 18 U.S.C. §§ 2119
and 2. Under 18 U.S.C. § 5032, juvenile defendants may
be transferred to adult status -- and thus may be tried as
adults -- only if the Attorney General certifies that one of
three expressly enumerated conditions are met and if a
district court also finds, after a hearing, that the transfer
would serve the "interest of justice." Under the
statute, in determining whether a transfer is in the interest
of justice, the District Court must consider "[e]vidence
of the following factors" and make "findings with
regard to each factor . . . in the record":
[T]he age and social background of the juvenile;  the
nature of the alleged offense;  the extent and nature of
the juvenile's prior delinquency record;  the
juvenile's present intellectual development and
psychological maturity;  the nature of past treatment
efforts and the juvenile's response to such efforts; 
the availability of programs designed to treat the
juvenile's behavioral problems.
the government filed a transfer motion, pursuant to §
5032, after J.C.D.'s arraignment and a subsequent
detention hearing. The Attorney General concluded that one of
the three statutory conditions had been met -- ruling that
the offense charged involved a "crime of violence"
under § 5032. J.C.D. requested that the court deny the
transfer motion, in light of the six statutory factors. The
District Court then referred the matter to a Magistrate
Judge. Soon thereafter, both parties filed more thorough
memoranda in the proceedings before the Magistrate Judge.
several continuances and a four-day hearing, the Magistrate
Judge issued a detailed report and recommendation
recommending that the District Court deny the
government's motion to transfer. The Magistrate Judge