United States v. K.J.C.

K.J.C. (defendant) was a 17-year-old juvenile who was charged with aiding a bank robbery, possessing LSD with the intent to distribute, and aiding in the distribution of the drug. The United States (plaintiff) filed a motion to transfer K.J.C.’s case for prosecution as an adult, pursuant to the Federal Juvenile Justice and Delinquency Prevention Act (the act). Under the act, juveniles 13 years of age or older could be criminally prosecuted for serious felonies such as murder and bank robbery. To prosecute a juvenile in federal court, the attorney general was required to certify that a state court lacked or refused to assume jurisdiction, the state lacked sufficient programs for juveniles, or the crime charged was a violent felony and there was significant federal interest or the crime was such that federal jurisdiction was warranted. In K.J.C.’s case, the government certified a significant federal interest warranting federal jurisdiction. A district court assessed whether the interests of justice required the transfer of K.J.C.’s case to adult prosecution in light of six statutory factors and the following facts. K.J.C. was 17 when the alleged crimes were committed and at the time of the transfer hearing. K.J.C. lived with his parents, with whom he had a good relationship. K.J.C.’s family was very supportive. K.J.C.’s role in the bank robbery was minimal because he only provided transportation to the bank. Although K.J.C.’s direct role in selling LSD to classmates was more serious, no violence was involved, and there was no evidence that K.J.C. owned or used weapons in furtherance of the sale of LSD. K.J.C. had only one prior delinquent act, which was spray painting graffiti on the side of a store. K.J.C. had just started his last year of high school and was regarded as having average intelligence and maturity consistent with his age. There had been no prior efforts to treat K.J.C., and treatment services were available for him in the community.