## Facts

- Eric B., age 12, obtained a pistol at school on September 7, 1994, knowing it contained two bullets.
- He displayed the gun to other juveniles during the day and pointed it at others on multiple occasions.
- He fired one shot at rocks, then disassembled the gun, removed the spent casing, removed the remaining bullet, and kept the bullet in his pocket.
- After additional “dry-fire” episodes aimed at other juveniles, he later reloaded the gun with the remaining bullet.
- He pointed the gun at children and pulled the trigger more than once; ultimately, he aimed at a seven-year-old child, pulled the trigger, and the gun fired a single round into the child’s head, killing him on a Navajo Indian Reservation in Arizona.
- Federal authorities initiated proceedings under the Federal Juvenile Delinquency Act (FJDA), charging an act that would constitute second-degree murder if committed by an adult.
- After a bench trial, the district court acquitted Eric B. of second-degree murder but adjudicated him delinquent based on involuntary manslaughter under 18 U.S.C. § 1112.
- Eric B. appealed, raising challenges under the FJDA’s speedy-trial provision and confidentiality protections, along with evidentiary and procedural claims.

## Issues

1. Whether the government violated the FJDA speedy-trial requirement in 18 U.S.C. § 5036 by not bringing the detained juvenile to trial within 30 days, after accounting for statutory exclusions.
2. Whether the evidence was sufficient to support involuntary manslaughter under 18 U.S.C. § 1112, including whether Eric B. acted without due caution and circumspection given his age and asserted lack of awareness that the gun was loaded at the fatal moment.
3. Whether the government’s use of a grand jury subpoena in connection with the juvenile matter required dismissal or reversal.
4. Whether alleged violations of juvenile confidentiality under 18 U.S.C. § 5038 required reversal.

## Decision

- The Ninth Circuit affirmed the judgment adjudicating Eric B. delinquent for involuntary manslaughter.
- The court held there was no § 5036 violation because excludable time attributable to defense motions and related delays reduced the counted time to less than 30 days.
- The court held the evidence was sufficient for a rational factfinder to find involuntary manslaughter beyond a reasonable doubt based on Eric B.’s handling, unloading, reloading, and repeated aiming and trigger-pulling directed at children.
- The court found no reversible error from the grand jury subpoena because Eric B. did not show prejudice affecting substantial rights.
- The court found no reversible violation of § 5038 confidentiality protections on the record presented.

## Legal Principles

- Under 18 U.S.C. § 5036, the 30-day trial requirement for detained juveniles is subject to statutory exclusions, including delay caused by or consented to by the juvenile or counsel and delays arising from pretrial motion practice.
- In reviewing sufficiency of the evidence, an appellate court asks whether, viewing the evidence in the light most favorable to the government, any rational trier of fact could find the essential elements beyond a reasonable doubt.
- Involuntary manslaughter under 18 U.S.C. § 1112 may be established by proof of conduct showing gross negligence or reckless disregard for human life (i.e., acting without due caution and circumspection) in circumstances likely to produce death.
- A juvenile’s age and cognitive limitations may be considered by the factfinder in assessing culpability, but they do not bar a delinquency finding as a matter of law when the evidence supports the required level of culpable negligence.
- Alleged misuse of grand jury process and alleged confidentiality violations under the FJDA warrant relief only upon a showing of reversible error, typically requiring prejudice to substantial rights.

## Conclusion

The Ninth Circuit upheld the delinquency adjudication for involuntary manslaughter, concluding that excludable delays prevented an FJDA speedy-trial violation, the evidence supported a finding of culpable negligence from repeated handling and aiming of a reloaded firearm at children, and the asserted subpoena and confidentiality errors did not justify reversal absent demonstrated prejudice.


United States v. Eric B., 86 F.3d 869 (9th Cir. 1996)