Whether the Eighth Amendment requires a factual finding as to which class a juvenile homicide offender belongs before sentencing the juvenile to life without parole?

QUESTION PRESENTED Following Miller v. Alabama, 567 U.S. 460 (2012), juvenile homicide offenders have been divided into two classes: (1) those who may not be sentenced to life without parole and (2) those who may sentenced to life without parole. In Montgomery v. Louisiana, 136 S. Ct. 718 (2016), this Court explained that Miller requires a procedural hearing to give force and effect to its substantive rule that only certain rare and incorrigible juveniles may be sentenced to life without parole. Montgomery also explained that the purpose of the procedural hearing is to separate juveniles into the appropriate class to determine whether life without parole is a constitutionally permitted sentence. The question presented in this case is whether that separation requires a factual finding as to which class a juvenile belongs before the Eighth Amendment permits sentencing a juvenile to life without parole? i