At page 460 Determining who may sign need certification11 citing cases
- United States v. Imm, Juv. Male, 747 F.3d 754 (9th Cir. 2014).published “Certification is a jurisdictional requirement.” Doe, 170 F.3d at 1165 (citing United States v. Doe, 98 F.3d 459, 460 (9th Cir.1996)); see also United States v. Juvenile Male (Kenneth C.), 241 F.3d 684 , 686 n. 1 (9th Cir.2001) (“A distric…
- United States v. Male Juv. (Pierre Y.), 280 F.3d 1008 (9th Cir. 2002).published United States v. Juvenile Male (Kenneth C.), 241 F.3d 684, 686 (9th Cir.2001) (citing United States v. Doe, 98 F.3d 459, 460 (9th Cir.1996)).
- United States v. Juv. Male (Kenneth C.), 241 F.3d 684 (9th Cir. 2001).published United States v. Doe, 98 F.3d 459, 460 (9th Cir.1996) [hereinafter Doe 1996]. 1 “To prosecute a juvenile in federal court, the government must follow the certification procedures required by 18 U.S.C. § 5032 .
- United States v. Male Juv., 148 F.3d 468 (5th Cir. 1998).publishedDISCUSSION “Certification is a jurisdictional requirement.” United States v. Doe, 98 F.3d 459, 460 (9th Cir.1996).
- United States v. Juv. K.J.C., 976 F. Supp. 1219 (N.D. Iowa 1997).publishedDoe, 98 F.3d 459, 460-61 (9th Cir.1996).
- IMPOUNDED (Juv. I.H., Appellant), 120 F.3d 457 (3d Cir. 1997).published United States v. Doe, 98 F.3d 459, 460-61 (9th Cir. 1996). 4 [enumerated in this paragraph], and that there is a substantial Federal interest in the case or the offense to warrant the exercise of Federal jurisdiction. 18 U.S.C. § 5032 ¶ 1.
- United States v. Juv. Male, 595 F.3d 885 (9th Cir. 2010).published See United States v. Doe, 98 F.3d 459, 460-61 (9th Cir.1996). .
- United States v. Juv. Male, 528 F.3d 1146 (9th Cir. 2008).published See United States v. Doe, 98 F.3d 459, 460-61 (9th Cir.1996).
- United States v. John DOE, 170 F.3d 1162 (9th Cir. 1999).published See United States v. Doe (“Doe II”), 98 F.3d 459, 460 (9th Cir.1996).
At page 461 Determining who has authority to file need certification6 citing cases“a technical or ministerial error.”
- United States v. Salazar Del Real, No. 25-6475 (9th Cir. Aug. 17, 2026).published(certification to permit juvenile-delinquency proceeding under 18 U.S.C. § 5032)
- United States v. Vargas-De-Jesus, 618 F.3d 59 (1st Cir. 2010).publishedSee, e.g., United States v. Male Juvenile, 148 F.3d 468, 472 (5th Cir.1998) (vacating adjudication of juvenile delinquency for lack of jurisdiction due to failure to provide proper FJDA certification); United States v. Doe, 98 F.3d 459, 46…
- United States v. S.C.P., 583 F. Supp. 2d 1215 (D. Mont. 2008).publishedIn contrast, the Ninth Circuit has concluded that a district court does not have jurisdiction over a juvenile proceeding if the certification contains more than “a technical or ministerial error.” U.S. v. Doe, 98 F.3d 459, 461 (9th Cir.199…
- United States v. F.S.J., 265 F.3d 764 (9th Cir. 2001).published(court vacated and remanded case where AUSA signed certification)
- United States v. Juv. Male (Kenneth C.), 241 F.3d 684 (9th Cir. 2001).published United States v. Doe, 98 F.3d 459, 460 (9th Cir.1996) [hereinafter Doe 1996]. 1 “To prosecute a juvenile in federal court, the government must follow the certification procedures required by 18 U.S.C. § 5032 .
- United States v. Alejandro Ceja-Prado, 333 F.3d 1046 (9th Cir. 2003).publishedSee United *1052 States v. Doe, 98 F.3d 459, 461 (9th Cir.1996).
At page 459 “janet napoli-tano, united states attorney for the district of arizona, by raquel arellano, assistant united states attorney.”1 citing case
- United States v. Juv. Male (Kenneth C.), 241 F.3d 684 (9th Cir. 2001).published United States v. Doe, 98 F.3d 459, 460 (9th Cir.1996) [hereinafter Doe 1996]. 1 “To prosecute a juvenile in federal court, the government must follow the certification procedures required by 18 U.S.C. § 5032 .
Other citing cases
- United States v. Juv., No. 07-50107 (9th Cir. Jan. 26, 2010).published
v.
John Doe, (Two Cases)
Two juvenile males, appellants Doe # 1 (“M.F.”) and Doe #2 (“I.S.”), were adjudicated juvenile delinquents for committing an act of sexual abuse against another minor. Appellants contend, inter alia, the district court erred in finding that the government had complied with the statutory requirements for properly filing a need certification under 18 U.S.C. § 5032 and 28 C.F.R. § 0.57. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we reverse on the issue of need certification.
I
On January 17, 1995, the government filed an information charging both M.F. and I.S. with an act of juvenile delinquency. 18 U.S.C. §§ 5032-5040. They were both charged with the underlying crime of sexual abuse. 18 U.S.C. §§ 1153, 2242(2)(B), and 2245(c)(1). That same day, the government also filed a need certification pursuant to 18 U.S.C. § 5032, certifying that the proceedings should take place in federal rather than state court. The certification was made on behalf of the United States “by and through its attorneys, Janet Napolitano, United States Attorney for the District of Arizona, by Raquel Arellano, Assistant United States Attorney.” In addition, the certification was signed by the Assistant United States Attorney beneath a listing of the name of the United States Attorney.
M.F. and I.S. argue that the government faded to comply with the statutory requirements for filing an effective need certification because it was signed by an Assistant United States Attorney, an officer that is not specifically authorized by the statute or regulations to sign it. Whether the government complied with 18 U.S.C. § 5032 is an issue of statutory interpretation, which we review de novo. United States v. Doe, 13 F.3d 302, 304 (9th Cir.1993) (“Doe 9th”). With certain exceptions, a juvenile “shall not be proceeded against in any court of the United States unless the Attorney General, after investigation, certifies to the appropriate district court” that federal jurisdiction is warranted under the statute. 18 U.S.C. § 5032. “Certification is a jurisdictional requirement.” Doe 9th, 13 F.3d at 304 (quot ing United States v. Baker, 10 F.3d 1374 (9th Cir.1993), cert. denied, - U.S. -, 115 S.Ct. 330, 130 L.Ed.2d 289 (1994)).
Regulations adopted pursuant to 18 U.S.C. § 5032 delegate the Attorney General’s authority to the Assistant Attorney General in charge of the Criminal Division and his Deputy Assistant Attorneys General. 28[*461] C.F.R. § 0.57. The Assistant Attorney General is authorized to redelegate authority to United States Attorneys, including the authority to pursue the need certification. Id. Although the regulations authorize United States Attorneys to file certificates of need, Assistant United States Attorneys are not specifically authorized to do so.
The statutory language of 18 U.S.C. § 5032 and the regulations adopted thereunder clearly establish in whom the power to decide whether the United States will proceed against a juvenile is vested. Because the statute and regulations extend the power and discretion to make this decision to specific officers in the Department of Justice, we are unwilling to say that the filing of the need certification by the Assistant United States Attorney rises only to the level of a technical or ministerial error. See Doe 9th, 13 F.3d at 304; but see United States v. Angelo D., 88 F.3d 856, 859-60 (10th Cir.1996); United States v. Doe, 871 F.2d 1248, 1257 (5th Cir.), cert. denied, 493 U.S. 917, 110 S.Ct. 276, 107 L.Ed.2d 257 (1989).
II
Because the jurisdictional requirements of 18 U.S.C. § 5032 were not satisfied, we vacate the adjudication of delinquent status. The case is remanded to the district court with instructions to dismiss the information without prejudice.
VACATED AND REMANDED.