U.S. v. D.D.B.

Dist. Ct. erred in granting govt.’s request to transfer defendant-17-year-old minor to adult proceedings on robbery charge, where basis for said transfer was Dist. Ct.’s finding that defendant’s prior Indiana conviction on charge of attempted robbery qualified as crime of violence. Govt. was required to show that defendant’s attempted robbery conviction had as element use, attempted use or threatened use of physical force, and govt. could not make said showing, since: (1) Indiana crime of attempted robbery did not require finding of intent; and (2) as result, no fact-finder found that defendant had intent to use, attempt to use or threatened to use physical force, when finding defendant guilty of attempted robbery. On remand, Dist. Ct. may consider whether defendant’s prior convictions on burglary and conspiracy to commit robbery qualified as violent offenses to support govt.’s attempt to try defendant as adult on instant robbery charge.