No. 20-7516

Josue Portillo v. United States

Lower Court: Second Circuit
Docketed: 2021-03-22
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: criminal-procedure criminal-sentencing cruel-and-unusual-punishment eighth-amendment incorrigibility juvenile-justice juvenile-offenders miller-rule miller-v-alabama proportionality sentencing
Key Terms:
Environmental AdministrativeLaw SocialSecurity Securities Immigration
Latest Conference: 2021-04-16 (distributed 2 times)
Question Presented (AI Summary)

Whether, absent proof of incorrigibility, a district court can sentence a defendant to fifty-five years imprisonment without parole for participating in an 'execution style gangland murder' under this Court's holding in Miller v. Alabama, 567 U.S. 460 (2012)

Question Presented (OCR Extract)

ESTION PRESENTED. Absent proof of incorrigibility, can a district court sentence a defendant to fifty-five years imprisonment without parole for participating in a'execution style gangland murder under this Court’s holding in Miller v. Alabama., 567 U.S. 460 (2012) ? ii .

Docket Entries

2021-04-19
Petition DENIED.
2021-04-01
DISTRIBUTED for Conference of 4/16/2021.
2021-03-29
Waiver of right of respondent United States to respond filed.
2021-03-22
Motion (20M64) for leave to file a petition for a writ of certiorari under seal with redacted copies for the public record Granted.
2021-03-03
MOTION (20M64) DISTRIBUTED for Conference of 3/19/2021.
2021-01-13
Motion (20M64) for leave to file a petition for a writ of certiorari under seal with redacted copies for the public record filed.
2021-01-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 21, 2021)

Attorneys

Josue Portillo
Joseph W. Ryan Jr.Melville Law Center, Petitioner
Joseph W. Ryan Jr.Melville Law Center, Petitioner
United States
Elizabeth B. PrelogarActing Solicitor General, Respondent
Elizabeth B. PrelogarActing Solicitor General, Respondent