No. 19-7437

Tony Sparks v. United States

Lower Court: Fifth Circuit
Docketed: 2020-01-27
Status: Denied
Type: IFP
Response WaivedIFP
Tags: criminal-procedure cruel-and-unusual-punishment due-process fifth-circuit juvenile-offenders juvenile-sentencing life-without-parole miller-rule miller-v-alabama montgomery-retroactivity montgomery-v-louisiana retroactivity sentencing
Key Terms:
Punishment
Latest Conference: 2020-02-28
Question Presented (AI Summary)

Whether the Fifth Circuit erred in concluding that the U.S. Supreme Court's decision in Miller v. Alabama does not extend to sentences imposed upon juvenile offenders that are less than LWOP?

Question Presented (OCR Extract)

QUESTION PRESENTED Whether the Fifth Circuit erred in concluding that the U.S. Supreme Court’s decision in Miller v. Alabama, 567 U.S. 460 (2012), which was made retroactive in Montgomery v. Louisiana, 136 S.Ct. 718 (2016), does not extend to sentences imposed upon juvenile offenders that are less than LWOP? i

Docket Entries

2020-03-02
Petition DENIED.
2020-02-13
DISTRIBUTED for Conference of 2/28/2020.
2020-02-04
Waiver of right of respondent United States to respond filed.
2020-01-22
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 26, 2020)

Attorneys

Tony Sparks
David Kenneth SergiDavid K. Sergi & Associates, P.C., Petitioner
David Kenneth SergiDavid K. Sergi & Associates, P.C., Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent