No. 19-7574

Luis Beltran v. United States

Lower Court: Second Circuit
Docketed: 2020-02-05
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 8th-amendment brain-development due-process due-process-clause eighth-amendment juvenile-defendants juvenile-sentencing mandatory-life-imprisonment proportionality proportionality-principle sentencing
Key Terms:
Punishment CriminalProcedure
Latest Conference: 2020-03-20
Related Cases: 19-7594 (Vide)
Question Presented (AI Summary)

Does the Fifth Amendment's Due Process Clause provide defendants who were between 18 and 22 an opportunity to demonstrate they are similarly situated, for Eighth Amendment purposes, to the juvenile defendants in Miller and Montgomery?

Question Presented (OCR Extract)

Question Presented In Miller v. Alabama, 567 U.S. 460 (2012), and Montgomery v. Louisiana, 136 S. Ct. 718 (2016), this Court held that sentencing a juvenile defendant (i.e., a defendant who was younger than 18 at the time of the commission of an offense) to a mandatory sentence of life imprisonment violates the Eighth Amendment’s “proportionality principle.” Does the Fifth Amendment’s Due Process Clause provide defendants who were between 18 and 22 an opportunity to demonstrate they are similarly situated, for Eighth Amendment purposes, to the juvenile defendants in Miller and Montgomery? Second Question Presented In determining whether a mandatory sentence of life imprisonment violates the Eighth Amendment’s “proportionality principle,” should this Court raise the relevant age of majority from 18 to 22 to reflect the scientific consensus concerning adolescent brain development? i

Docket Entries

2020-03-23
Petition DENIED.
2020-02-27
DISTRIBUTED for Conference of 3/20/2020.
2020-02-14
Waiver of right of respondent United States to respond filed.
2020-02-05
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 6, 2020)

Attorneys

Luis Beltran
Daniel Stuart NooterDaniel S. Nooter, Esq., Petitioner
Daniel Stuart NooterDaniel S. Nooter, Esq., Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent