United States First Circuit

Following Miller v. Alabama, 132 S. Ct. 2455 (2012), in which the Supreme Court held that the Eighth Amendment "forbids a sentencing scheme that mandates life in prison without possibility of parole for juvenile offenders," defendants requests to pursue a new habeas petition to challenge their life sentences, which were imposed for crimes they committed when they were younger than eighteen years old, are: 1) granted as to defendant Evans-García, where he has made a prima facie showing that this rule qualifies as a basis for habeas relief on a second or successive petition; but 2) denied as to defendant Carrión-Cruz because he was not sentenced pursuant to any statute or guideline that mandated a sentence of life without parole.

Appellate Information

• Decided 02/28/2014
• Published 02/28/2014

Judges

• KAYATTA

Court

• United States First Circuit

Counsel