28 C.F.R. § 0.57
Criminal prosecutions against juveniles
The Assistant Attorney General in charge of the Criminal Division and his Deputy Assistant Attorneys General are each authorized to exercise the power and authority vested in the Attorney General by sections 5032 and 5036 of title 18, United States Code, relating to criminal proceedings against juveniles. The Assistant Attorney General in charge of the Criminal Division is authorized to redelegate any function delegated to him under this section to United States Attorneys and to the Chief of the Section within the Criminal Division which supervises the implementation of the Juvenile Justice and Delinquency Prevention Act (18 U.S.C. 5031 et seq.).
Notes of Decisions
Cited in 41
cases, 1975–2016 · leading case: United States v. Juv. Male (Kenneth C.),defendant-Appellant, 241 F.3d 684 (9th Cir. 2001).
United States v. Juv. Male (Kenneth C.),defendant-Appellant, 241 F.3d 684 (9th Cir. 2001). “28 C.F.R. § 0.57 . The Assistant Attorney General of the Criminal Division issued a Memorandum on March 12, 1985, delegating “to United States Attorneys the authority of the Assistant Attorney General in charge of the Criminal Division pursuant to 18 U.”
United States v. John Doe, 871 F.2d 1248 (5th Cir. 1989). “28 C.F.R. § 0.57 (July 1, 1988) (emphasis added).”
In Re Application of the President's Comm'n on Organized Crime. Subpoena of Lorenzo Scaduto, 763 F.2d 1191 (11th Cir. 1985). “510 , the Attorney General may delegate his power to Assistant and Deputy Assistant Attorneys General, who may then delegate it to United States Attorneys, who may in turn delegate it to Assistant United States Attorneys, see 28 C.F.R. 0.57; 28 U.S.C.A. Sec. 542 ; United States…”
UNITED STATES of Am., Plaintiff-Appellee, v. John DOE, a Juv. Male, Defendant-Appellant, 170 F.3d 1162 (9th Cir. 1999). “We have held that the language of § 5032 and 28 C.F.R. § 0.57 are violated where a Certificate is signed by an Assistant United States Attorney rather than a United States Attorney.”
United States v. James Arthur Parker, United States of Am. v. Melvin Ward, United States of Am. v. Bobby Todd, 622 F.2d 298 (8th Cir. 1980). “By 28 C.F.R. § 0.57 (1979), however, the Attorney General delegated to the Assistant Attorney General in charge of the Criminal Division and his Deputy Assistant Attorneys General the power “vested in the Attorney General by sections 5032 and 5036 * * * relating to criminal…”
United States v. Jdt, Juv. Male, 762 F.3d 984 (9th Cir. 2014). “3d at 686 (citing 28 C.F.R. § 0.57 ). The statute and related regulations therefore require that the United States Attorney, as the Attorney General’s delegated representative, investigate and certify to the district court that federal jurisdiction is appropriate based on one of…”
United States v. Juv., 228 F.3d 987 (9th Cir. 2000). “28 C.F.R. § 0.57 , provides that the Assistant Attorney General in charge of the Criminal Division is authorized to exercise the power and authority vested in the Attorney General by 18 U.”
United States v. Angelo D., 88 F.3d 856 (10th Cir. 1996). “” Pursuant to this statute the government directs our attention to 28 C.F.R. § 0.57 which provides: The Assistant Attorney General in charge of the Criminal Division and his Deputy Assistant Attorneys General are each authorized to exercise the power and authority vested in the…”
United States v. Tyreesh White, 139 F.3d 998 (4th Cir. 1998). “The Attorney General, or a United States Attorney to which this responsibility has been delegated, see 28 C.F.R. § 0.57 (1997), must demonstrate the need to prosecute a minor as an adult in federal court by certifying to the district court that: (1) the juvenile court or other…”
United States v. Derrick Jarrett, Lawrence McCarroll Jeffrey Brock, Jamie J. Key, Dwight Anderson, Samir Hameen, & Judy McCarroll, 133 F.3d 519 (7th Cir. 1998). “” This power has been delegated to the United States Attorneys, 28 C.F.R. § 0.57 , and the U.S. Attorney for the Northern District of Illinois (on behalf of the Attorney General) certified that a substantial federal interest in this case counseled in favor of a federal…”
United States v. C.G., 736 F.2d 1474 (11th Cir. 1984). “First, in order to proceed against the juvenile in federal court, the Attorney General, or his delegate under 28 C.F.R. § 0.57 , must certify to the district court that the juvenile court or other appropriate court of a State (1) does not have jurisdiction or refuses to assume…”
United States v. Juv. Male 1, 86 F.3d 1314 (4th Cir. 1996). “Under the authorization found in 28 C.F.R. § 0.57 , the Attorney General has delegated her certification and transfer authority to the United States Attorneys.”
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