No. 19-8139

Douglas Duran Cerritos v. United States

Lower Court: Fourth Circuit
Docketed: 2020-03-30
Status: Denied
Type: IFP
Response WaivedIFP
Tags: certificate-of-appealability criminal-procedure eighth-amendment ineffective-assistance ineffective-assistance-of-counsel juvenile-offender juvenile-sentencing mandatory-life-sentence miller-v-alabama psychiatric-evaluation section-2255-motion
Key Terms:
HabeasCorpus Punishment JusticiabilityDoctri
Latest Conference: 2020-05-01
Question Presented (AI Summary)

Did the Fourth Circuit commit error by not granting Mr. Cerritos a COA under 28 U.S.C. §2253(c)(2), after the denial of his 28 U.S.C. §2255 motion when his trial counsel failed to request a psychiatric evaluation despite his aberrant behavior due to his young age?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED | | oe 2 1. Did the Fourth Circuit commit errror by not granting Mr. Cerritos a COA under 28 U:S.C.. §2253 (c)(2), after the denial of ~~ “his 28 U.S.C. §2255 motion: when his trial counsel failea to “ request the court. to submit Mr. Cerritos to a psychiatric . “ . evaluation, when Mr. Cerritos demonstrated aberrant behavior, a : .: before trial, due to. his immature age of 18 years old ? a . -* 2. Under “Miller v. Alabama, 567. U.S. 460 (2012), the Eight ; “+ Amendment prohibits sentencing a juvenile convicted of homicide on to. a mandatory life sentence wihout parole. Did the Fourth ' Circuit commit error when it denied Mr. Cerritos a COA, under 28 U.S.C. §2253 (c)(1), after the denial of his 28. U.S.C. §2255 . . motion: when he is claiming that his trial counsel was deficient ) . :* ‘when it did not request the court to consider the imposition of a life sentence on him as an 18 year old ? > , ao ,

Docket Entries

2020-05-04
Petition DENIED.
2020-04-16
DISTRIBUTED for Conference of 5/1/2020.
2020-04-08
Waiver of right of respondent United States to respond filed.
2020-03-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 29, 2020)

Attorneys

Douglas Duran Cerritos
Douglas Duran Cerritos — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent