## Facts

- A.F.S., a 17-year-old, arrived in Puerto Rico from St. Maarten and was referred to secondary inspection by federal customs officers.
- Inspectors suspected she was an internal narcotics courier; abdominal X-rays indicated the presence of drugs.
- She allegedly expelled 12 pellets (about 96 grams) containing heroin.
- The United States filed a juvenile delinquency information under the Federal Juvenile Delinquency Act (FJDA), 18 U.S.C. §§ 5031–5042, based on alleged federal heroin importation and possession offenses.
- The Attorney General (through the U.S. Attorney) filed a § 5032 certification asserting the charged conduct involved serious drug-trafficking offenses and a substantial federal interest.
- The district court dismissed the information for lack of subject-matter jurisdiction but continued to detain A.F.S. for weeks; it ordered her release on May 27, 2003.

## Issues

1. Whether a federal district court has subject-matter jurisdiction over an FJDA juvenile delinquency proceeding when an information is filed and the government submits a § 5032 certification.
2. Whether the 30-day speedy-trial requirement in 18 U.S.C. § 5036 was violated where the juvenile remained detained after the information was dismissed but before she was released.

## Decision

- The First Circuit held the district court erred in concluding it lacked subject-matter jurisdiction; the FJDA authorizes federal juvenile delinquency proceedings when statutory preconditions, including § 5032 certification, are met.
- The court nonetheless affirmed the dismissal on an alternative ground: the government violated § 5036 because A.F.S. was detained more than 30 non-excludable days without being brought to trial.
- The court counted the period of detention after the erroneous dismissal because A.F.S. remained held in connection with the federal delinquency matter.
- Because § 5036 mandates dismissal when its time limit is exceeded, dismissal of the information was required.

## Legal Principles

- Federal district courts have jurisdiction to adjudicate juvenile delinquency proceedings under the FJDA when the government files an information and provides a proper § 5032 certification.
- Under 18 U.S.C. § 5036, a detained juvenile must be brought to trial within 30 days, subject to statutory exclusions; otherwise, the information must be dismissed.
- Detention can remain “pending trial” for § 5036 purposes even after dismissal of the charging instrument where the juvenile continues to be held in connection with the federal proceeding and the case remains functionally ongoing.
- The remedy for a § 5036 violation is mandatory dismissal, not a discretionary sanction.

## Conclusion

The First Circuit rejected the district court’s view that it lacked jurisdiction over certified FJDA delinquency proceedings, but affirmed dismissal because the juvenile’s continued custody after dismissal counted toward § 5036’s 30-day limit, requiring dismissal of the information.


United States v. Female Juvenile (A.F.S.), 377 F.3d 27 (1st Cir. 2004)