October 4, 2018
Third Circuit going en banc to reconsider reach and application of Eighth Amendment to lengthy juvenile term-of-years sentence
In this post back in April, I noted the remarkable Third Circuit panel opinion in US v. Grant, No. 16-3820 (3d CIr. April 9, 2018) (available here), addressing the application of Eighth Amendment limits on juvenile sentences. The panel opinion in Grant is technically no longer law as of today thanks to this order by the Third Circuit:
A majority of the active judges having voted for rehearing en banc in the above captioned cases, it is ordered that the government’s petition for rehearing is GRANTED. The Clerk of this Court shall list the case for rehearing en banc on February 20, 2019. The opinion and judgment entered April 9, 2018 are hereby vacated.
In short form, defendant Corey Grant in the early 1990 was initially sentenced to LWOP for crimes committed when he was 16-years old. After Graham and Miller, he was resentenced to a 65-year federal prison term. The panel opinion found this term unconstitutional and suggested that "lower courts must consider the age of retirement as a sentencing factor, in addition to life expectancy and the § 3553(a) factors, when sentencing juvenile offenders that are found to be capable of reform." The full Third Circuit is apparently no so keen on this approach, and it will thus address this matter anew in the coming year.
October 4, 2018 at 05:13 PM | Permalink