Transfer of juvenile to adult status is not error where all statutory factual findings are made

JUVENILE United States v. Q, No. 04-2145, ___ F.3d ___(10th Cir. Apr. 5, 2005)(New Mexico). Appeal of district court order granting government motion to try juvenile defendant as adult. HELD: (1) District court did not abuse discretion in deciding to transfer juvenile to adult status because it made all factual findings required by 18 U.S.C. § 5032. Court of appeals will not re-weigh those findings to reach different result. (2) District court did not violate dictum in Roper v. Simmons, 125 S.Ct. 1183, 1197 (2005), that "general rules of psychiatry prohibit psychiatrists ‘from diagnosing any patient under 18 as having antisocial personality disorder’" where: (1) diagnosing psychiatrist testified that rules of psychiatry did not prohibit anything but were merely guidelines for clinicians; and (2) defendant in opening brief admitted he suffered from "severe anti-social personality disorder. Read the opinion here.