UNITED STATES COURT OF APPEALS January 20, 2023

Christopher M. Wolpert FOR THE TENTH CIRCUIT Clerk of Court _________________________________

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v. No. 23-9900

JANE DOE, (Female Juvenile),

Defendant - Appellant. _________________________________

Before TYMKOVICH, BRISCOE, and PHILLIPS, Circuit Judges. _________________________________

TYMKOVICH, Circuit Judge. _________________________________

Jane Doe and two boys are accused of killing Doe’s parents. Even though Doe

is a juvenile (she was 17 at the time of the murders), the government charged her

with two counts of first-degree murder. The government successfully moved to

transfer her case to adult court, where the punishments for first-degree murder are

death or mandatory life imprisonment without parole. These punishments are

unconstit