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U.S. v. RIVERA

No. 95 Cr. 858 (DC).

912 F.Supp. 70 (1995)

UNITED STATES of America v. Alex RIVERA, Defendant.

United States District Court, S.D. New York.

December 18, 1995.

Attorney(s) appearing for the Case

Mary Jo White, United States Attorney for the Southern District of New York, by John J. Rice, Douglas M. Lankler, Assistant United States Attorneys, New York City, for U.S.

Mitchell A. Golub, New York City, for Alex Rivera.

OPINION

CHIN, District Judge.

In this RICO case, the Government alleges that on April 25, 1992 defendant Alex Rivera intentionally shot Francisco Nunez in the head, murdering him. At the time, Rivera was 17 years old. He was arrested in March 1995, when he was 20 years old. Although he should have been treated as a juvenile under the Juvenile Delinquency Act (the "Act"), 18 U.S.C. §§ 5031-5042, he was prosecuted as an adult because the Assistant...

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