Mr. Nathan was sixteen years old at the time of his crimes. He was certified as an adult and tried for first degree murder and related offenses. He was initially sentenced to life in prison without parole as then required by Missouri law for the offense of first-degree murder. While his case was pending on appeal, this Court decided Miller v. Alabama, 567 U.S. 460 (2012) holding that mandatory sentences of life without parole violate the Eighth Amendment when imposed against a juvenile offender. Mr. Nathan was then resentenced. On jury resentencing he received multiple concurrent life sentences, which would have the effect of life in prison without parole. After affirmance on appeal, and denial of post-conviction relief, he filed a petition for federal habeas corpus. Relief and a certificate of appealability were denied. The case thus presents the following questions.

I. Whether a certificate of appealability should be issued to review the decision of the U.S. District Court that Mr. Nathan was not entitled to a jury trial under Apprendi v. New Jersey, 530 U.S. 466, 490 (2000), with respect to the issue of whether he should be certified for trial as an adult?

II. Whether a certificate of appealability should be issued to review the decision of the U.S. District Court that imposition of multiple consecutive sentences on a sixteen year old defendant involving one criminal event which constitute the functional equivalent of life without parole, does not violate Roper v. Simmons, 543 U.S. 551 (2005), Graham v. Florida, 560 U.S. 48 (2010), and Miller v. Alabama, 567 U.S. 460 (2012)?

Question not identified.