The following excerpt is from U.S. v. Juvenile Male No. 1, 47 F.3d 68 (2nd Cir. 1995):
The statute also provides for mandatory transfer for prosecution as an adult in cases where a juvenile commits an offense after his sixteenth birthday involving the use, threatened use, or a substantial risk of physical force, and "has previously been found guilty of an act which if committed by an adult would have been" one of the enumerated offenses supporting discretionary transfer. 18 U.S.C. Sec. 5032. The term "found guilty" includes past juvenile delinquency adjudications. See United States v. David H., 29 F.3d 489, 492-93 (9th Cir.1994). The government claims that had it moved for mandatory transfer, the district court would have been required to grant it. Because the government did not move for mandatory transfer, however, that issue is not before us.
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