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153

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]