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Criminal Resource Manual 153 Motion For Mandatory Transfer Form


Motion for mandatory 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 FOR MANDATORY TRANSFER OF 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, 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 classified as a "juvenile" for the purposes of criminal prosecution under federal law.       2.  That on or about __________________________, in the _________________ District of __________________, Defendant committed the following act(s) which if committed by an adult would be a felony offense that has as an element thereof the use, attempted use, or threatened use of physical force against the person of another, or that, by its very nature, involves a substantial risk that physical force against the person of another may be used in committing the offense, namely, _____________________________. [Or, if applicable, substitute or add any of the other enumerated serious offenses.]       3.  Defendant's actions as alleged herein were committed after his sixteenth birthday.  Furthermore, defendant has previously been found guilty of an act which if committed by an adult would have been one of the offenses set forth in the fourth unnumbered paragraph of 18 U.S.C. § 5032, or is an offense in violation of a State felony statute that would have been such an offense if a circumstance giving rise to Federal jurisdiction had existed.       WHEREFORE, the United States of America urges the Court, upon notice and hearing, to grant the Government's motion for mandatory 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