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Criminal Resource Manual 151 Motion To Transfer Form

151

Motion to Transfer Form

                IN THE UNITED STATES DISTRICT COURT            FOR THE ___________ DISTRICT OF ___________                      _____________ DIVISION  UNITED STATES OF AMERICA           *  UNDER SEAL                                    * v.                                 *  NO.                                    * [A.B.C., Male Juvenile             * (INSERT JUVENILE'S INITIALS OR     * OTHER NON-IDENTIFYING INFORMATION)]*             MOTION TO TRANSFER PROCEEDINGS AGAINST            JUVENILE TO ADULT CRIMINAL PROSECUTION  TO THE HONORABLE JUDGE OF SAID COURT:       COMES NOW, the United States of America, by and through the United States Attorney in and for the _________ District of __________, with the delegation of the Attorney General of the United States, and pursuant to Title 18, United States Code, Section 5032, and files this motion and would show as follows:       1.  [Insert juvenile's initials, etc.], Defendant herein, has not attained his twenty-first birthday and has allegedly committed an act(s) of juvenile delinquency, and is therefore classified as a "juvenile" for the purposes of criminal prosecution under federal law.       2.  That on or about ____________________, in the __________ District of ___________, [Insert juvenile's initials, etc.],  Defendant herein, committed the following act(s) which are classified as felony crimes of violence: ____________________ ______________________________________________________________.       3.  Also, on or about ______________________, in the _________ District of ____________, Defendant committed the following acts which are classified as offenses described in Section 401 of the Controlled Substances Act (21 U.S.C. § 841):  ___________________ ________________________________________________________________.       4.  Defendant's actions as alleged herein were committed after Defendant's fifteenth birthday and if committed by an adult would be felonies that are crimes of violence or offenses described in Section 401 of the Controlled Substances Act (21 U.S.C. § 841) [or other enumerated offenses].  It would be in the interest of justice if the district court would transfer the juvenile for criminal prosecution as an adult for the alleged criminal acts.       WHEREFORE, the United States of America urges the Court, upon notice and hearing, to grant the Government's motion to transfer and order Defendant transferred for criminal prosecution as an adult.  Respectfully submitted,  _____________________________ UNITED STATES ATTORNEY                    CERTIFICATE OF SERVICE       I hereby certify that a true and correct copy of the above and foregoing motion has this ____ day of _______________, 20__, been hand-delivered to counsel of record for the Defendant.     _____________________________ UNITED STATES ATTORNEY

[updated April 2003]

Updated February 19, 2015