In Miller v. Alabama, 567 U.S. 460, 465 (2012), the Supreme Court held “that mandatory life imprisonment without parole for those under the age of 18 at the time of their crimes violates the Eighth Amendment’s prohibition on cruel and unusual punishments.” Today, the Second Circuit declined to extend Miller to cover three defendants who … Read more
The Second Circuit issued no criminal opinions or notable summary orders this week. This silence provides the occasion to flag two recent decisions outside the Circuit about the scope of Miller v. Alabama (2012) (requiring individualized sentencing consideration before sentencing a juvenile offender to life without parole, and holding that this punishment may be imposed only … Read more
There were no published opinions today. In an unpublished opinion, United States v. Fernandini, No. 14-2203, the Second Circuit affirmed a within-Guidelines life sentence for the leader of a violent drug trafficking organization over procedural and substantive reasonableness challenges. Fernandini pleaded guilty to (i) conspiracy to traffic narcotics; (ii) using a firearm to commit murder … Read more
United States v. Freeman, No. 05-5529-cr (2d Cir. November 14, 2007) (Straub, Katzmann, Parker, CJJ) Michael Freeman was convicted of drug trafficking, robbery and gun possession, but acquitted of two homicide counts. The district court nevertheless imposed a life sentence, based on its preponderance finding that Freeman committed the murders of which he was acquitted. … Read more