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Name: U.S. v. C.M.
Case #: 05-50585
Court: US Court of Appeals
District 9 Cir
Opinion Date: 05/08/2007

Dismissal of the district court’s finding of the information is a proper prophylactic remedy in a case where the government violated the Juvenile Delinquency Act. The Act prescribes the process due a juvenile placed in federal custody, requiring the government to notify the juvenile’s parents, guardians, or the consulate, and arraign him in a timely fashion. If the violation results in deprivation of constitutional rights, reversal is required. If it results in statutory prejudice, the court has the discretion to reverse to ensure the viability of the Act’s provisions. Here, border patrol agents detained the juvenile for illegally transporting aliens and then violated every provision of the ACT, failing to make timely notification or timely arraigning him. During this time, he was interrogated with his statements leading to the filing of the information. Because such a violation affects the integrity of the ACT itself, dismissal is required. [Callahan dissenting.]