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
Latest Conference: 2020-05-01
Question Presented (from Petition)

Did the Fourth Circuit commit errror by not granting Mr. 1.
Cerritos a COA under 28 tKS.C... §2253 (c)(2), after the denial of
his 28 U.S.C. §2255 motion: when his trial counsel failed to
request the court to submit Mr. Cerritos to a psychiatric
demonstrated aberrant behavior, evaluation, when Mf. Cerritos
before trial, due to. his immature age of 18 years old ?

567. U.S. 460 (2012), the Eight 2. Under Miller v. Alabama,
Amendment prohibits sentencing a juvenile convicted of homicide
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 ?

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?

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