No. 18-8117

Brandon Pete v. United States

Lower Court: Ninth Circuit
Docketed: 2019-02-26
Status: Denied
Type: IFP
Response WaivedIFP
Tags: burden-of-proof constitutional-proportionality juvenile-sentencing life-without-parole miller-v-alabama montgomery-v-louisiana offense-level-43 sentencing-guidelines title-18
Latest Conference: 2019-03-29
Question Presented (from Petition)

I.

May the sentence of a juvenile convicted as an adult of a non-premeditated
homicide constitutionally start from a guideline of life-without-parole under
Offense Level 43 and then be compelled to shoulder the burden to demonstrate that
he is not one of the "rarest of cases" described in Miller v. Alabama, 567 U.S. 460
(2012) and Montgomery v. Louisiana, 136 S.Ct. 718 (2016)?

II.

Must the Sentencing commission be required to rewrite offense level 43 as it
pertains to a juvenile since a life-without-parole sentence it is no longer consistent
with the pertinent provision of title 18 as that title pertains to a juvenile after Miller
v. Alabama, supra, and Montgomery v. Alabama, supra?

Question Presented (AI Summary)

May a juvenile convicted as an adult of a non-premeditated homicide be sentenced to life-without-parole under Offense Level 43 and bear the burden to demonstrate he is not one of the 'rarest of cases'?

Docket Entries

2019-04-01
Petition DENIED.
2019-03-14
DISTRIBUTED for Conference of 3/29/2019.
2019-03-08
Waiver of right of respondent United States to respond filed.
2019-01-14
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 28, 2019)

Attorneys

Brandon Pete
Atmore L Baggot — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent